认罪认罚从宽制度之证据开示规则形塑

认罪认罚从宽制度的核心是控辩双方的平等协商。平等协商的前提是通过证据开示保障双方在获知案件事实与证据信息上的对称性，尤其是辩护方对证据信息的知情权，进而保障被追诉人认罪认罚的自愿性与真实性。《关于适用认罪认罚从宽制度的指导意见》第29条授权检察机关探索证据开示制度。证据开示制度的样态表现为“双方规制型”与“单方 规制型”两种模式，后者更符合认罪认罚从宽制度的实际。检察机关单方面向辩护方开示证据材料，需在程序上规制开示的适用阶段、方式、范围以及辩护律师的作用等具体规则，建立符合认罪认罚从宽制度实际的证据开示制度。

Structuring Disclosure of Evidence in the System of Pleading Guilty and Accepting Punishments with Leniency

The core of the system of Pleading Guilty and Accepting Punishments with Leniency is the equal negotiation between the accused and the defense. The precondition of equal negotiation is to guarantee the symmetry of facts and evidence information by both parties through evidence disclosure, especially the defense's “right to be informed” on evidence information. Disclosure of evidence can guarantee the voluntariness and authenticity of the accused person on pleading guilty and accepting punishments. Authorized procurator ate is based on article 29 of “Guidance of the System of Pleading Guilty and Accepting Punishments with Leniency” to explore the system of disclosure of evidence. The pattern of evidence disclosure system is “mutual regulation” and “unilateral regulation”. The unilateral regulation is more conformed to the reality of the System of Pleading Guilty and Accepting Punishments with Leniency. In the unilateral disclosure of evidence materials by the procurator ate to the defense side, the specific rules of the application stage, mode, scope of evidence disclosure and the role of lawyers should be regulated in the procedure, so as to establish an evidence disclosure system conforming to the reality of the System of Pleading Guilty and Accepting Punishments with Leniency.