认罪认罚从宽制度若干问题探索

认罪认罚从宽制度建立于控辩协商基础之上,保障被追诉人认罪自愿性是这一制度中关键性、基础性的问题,必须通过科学的程序对审查起诉和侦查环节进行严格控制。为保障认罪协商的实质自愿性和客观公正性,有必要建立证据开示制度,增强平等协商的可能性;以有效辩护为目标,进一步优化值班律师制度,充分发挥值班律师的制度功能;在保留被追诉人上诉权的同时,要从上诉事由、二审审理方式等方面对上诉权进行适当限制,在权利救济与司法效率间进行平衡。

On issues of the leniency system of pleading guilty and punishment

The leniency system of pleading guilty and punishment is a criminal justice system built on the basis of prosecution and defense negotiation,and has a positive significance for optimizing the allocation of judicial resources and improving the efficiency of litigation. Although the leniency system of pleading guilty and punishment can also be applied at the investigation stage,the voluntary confession of the criminal suspect must be guaranteed. In the process of pleading guilty and punishment,it is necessary to establish an evidence disclosure system,strengthen the subject status of the person being prosecuted,and enhance the possibility of equal consultation;further optimize the duty law yer system,w ith effective defense as the goal,and give full play to the function of the duty law yer system;w hile preserving the defendant’s right of appeal in cases of pleading guilty and punishment,proceed w ith appropriate restrictions on the right of appeal from the origin of appeal and the w ay of trial in the second instance.