法官参与认罪认罚案件具结活动的模式和法律制度前瞻

在认罪认罚从宽制度深化适用的背景下,探索法官参与控辩双方具结活动的改革方案,不仅可以产生多维的法治价值,而且已经具备现实的试点基础。在域外,部分国家和地区对于法官介入认罪协商的态度,经历了从反对到支持的转变过程。这可以为我国开展有关工作提供有益的借鉴。未来一段时期,我国在总结试点探索经验的基础上,有必要建立健全法官参与认罪认罚案件具结活动的规范方案,其基本思路是采取二元进路的方式,区分对待法官在审前、审判阶段具结活动中的权能地位,并辅之以司法责任制度、值班律师制度、证据开示制度、集中具结与视频具结制度等配套措施。

On the Foresight of the Reform concerning the Judge's Involvement in Activities ofUndertaking Signing of Cases with the Accused Pleading Guilty and Accepting Punishment

With the deepened commitments to the application of the System of Leniency Based on Pleading guilty and Accepting punishment,to explore the reform plan on judges'involvement in activities of Undertaking Signing by the defense in the presence of the prosecution will not only generate multi-dimensional rule-of-law values,but also have a practical basis for experiments.In other jurisdictions,some countries and regions have experienced the transition from opposition to support in terms of the judges'involvement in plea negotiation,which may provide helpful lessons for us to carry out relevant work.In the near future,it is necessary for China,on basis of the summarized pilot exploration experiences,to establish and improve the plan on regulating the judges'involvement in activities of undertaking signing in cases with the accused pleading guilty and accepting punishment.The basic idea is to take the dual approach to distinguish judges'power,functions,and status in activities of undertaking signing before and during the trial,and provide supporting measures such as judicial responsibility system,duty lawyer system,evidence discovery system,collective and video undertaking signing system.