认罪认罚制度中自愿性的判断标准及保障机制

认罪认罚是建立在被追诉人自愿性基础上的从宽处罚制度。该自愿性以被追诉人意志自由和知晓指控事实与法律后果为前提,因而应当坚持客观上是否具有影响意志自由的因素和主观上是否知晓有关事项的主客观相结合的判断标准。认罪认罚制度在实施过程中仍然存在“非自愿”认罪认罚的风险,应当构建以权利保障和权力制约为内容的自愿性保障机制,使被追诉人的知情权、辩护权和反悔权得以顺利行使,并通过完善侦讯和录音录像制度、明确量刑建议标准和加强案件审查等方式实现权力制约。

Judgment standard and protection mechanism for voluntariness in thesystem of pleading guilty and accepting punishment

Pleading guilty and accepting punishment is a leniency punishment system based on the voluntariness of the accused.This voluntariness is based on the prerequisites of the freedom of will and knowledge of the facts and legal consequences of the accused.Therefore,we should adhere to the subjective and objective judgment standard of whether there are factors that affect the freedom of will objectively and whether it is subjectively aware of relevant matters.In the implementation process of the system of pleading guilty and accepting punishment,there is still the risk of“involuntary”confession of guilt and punishment.A voluntary protection mechanism with rights protection and power restriction as the content should be constructed so that the right to know,defense and repentance of the accused can be exercised smoothly.And the power constraints will be achieved by improving the investigation and audio and video systems,clarifying the recommended standards for sentencing and strengthening the review of cases.