论我国鼓励供述机制的建立

我国《刑事诉讼法》中新增的不得强迫任何人证实自己有罪和律师介入提前到侦查阶段等条款,保障了犯罪嫌疑人供述的自愿性,同时也给讯问工作带来了挑战,如何促进如实供述成为了实践中亟需解决的问题。本文以此为背景,结合我国打击犯罪的现实需要和国情特点,分析了建立鼓励供述机制的必要性和可行性,并提出了具体构想,主要包括增加法定从宽情节、适当扩大刑事和解制度的适用范围、构建中国化的控辩协商制度、借鉴作证豁免制度等。

On the Establishment of Encouraging Confession Mechanism in China

The new provisions in Criminal Procedure Law of the People＇s Republic of China, such as no person shall be forced to prove themselves guilty, and lawyers get involved the investigation in the early stages, not only guarantee criminal suspects＇ voluntary confession but also bring challenges to the interrogation work. Therefore, it turns to be an urgent problem to promote truthful confession. Under this background, this article analyzes the necessity and feasibility of establishing encouraging confession mechanism, taking the practical needs to fight against crimes as well as characteristics of national conditions into consideration. Besides, this article also puts forward some specific ideas, mainly including adding legal lenient circumstances, expanding the application scope of the criminal reconciliation system appropriately, constructing the plea bargaining system with Chinese characteristics, and drawing on the experience of the system of the immunity of witness, and so on.