完善认罪认罚从宽制度:中国语境下的关键词展开
魏晓娜完善认罪认罚从宽制度:中国语境下的关键词展开
Improving the System of Leniency on Admission of Guilty or Acceptance of Punishment
期刊名称：《法学研究》
期刊年份：
作者：魏晓娜
单位：中国人民大学刑事法律科学研究中心
中文关键词：认罪认罚从宽;简易程序;速裁程序;审前分流
英文关键词：leniency on admission of guilty and acceptance of punishment;summary procedure;fast-track procedure;pretrial diversion
中文摘要：
随着刑法立法观日益转向积极，刑法修正案不断增加罪名、降低入刑门槛，刑事案件数量持续增长，案多人少矛盾日益突出。速裁程序试点和认罪认罚从宽制度的完善，均以解决上述问题为出发点。从内在逻辑看，对认罪认罚的行为人从宽处理，具有客观和主观两个方面的依据。从外在价值上说，简易程序和速裁程序的适用，均需要被告人认罪认罚作为正当化机制，而被告人认罪认罚反过来需要以从宽处理作为动力机制。随着速裁程序的试点，我国刑事审判已形成“普通程序-简易程序-速裁程序”的三级“递简”格局。但这一格局存在以下问题：着眼于简化审判程序的改革无法有效控制进入审判程序的案件总量；三种程序之间的繁简分化程度不足；简易程序和速裁程序适用率偏低。完善认罪认罚从宽制度，应从以下三个方面着手：构建有效的审前分流机制，实现对审判案件总量的控制；进一步分化审判程序，引入协商程序，改进速裁程序；引入程序激励机制。
英文摘要：
In past 20 years, with the adoption of increasing positive attitude towards criminal legislation, the drastic increase in the number of amendments to the Criminal Law, and the constantly growing number of criminal cases, caseload becomes an increasingly prominent problem in the criminal justice system in China. To solve the problem, the pilot program of criminal fast-track adjudication procedure and the system of leniency on admission of guilty and acceptance of punishment were introduced. As far as internal logic is concerned, there are objective and subjective bases for treating leniently defendants who plead guilty and accept punishment; and as far as the institutional value is concerned, the application of summary procedure and fast-track procedure is to be justified by admission of guilty or acceptance of punishment on the part of the defendant whereas the defendant, in order to admit guilty or accept punishment, needs to be motivated by lenient treatment. With the implementation of the pilot program, there has emerged a system of three-level simplification of criminal procedure, namely "ordinary trial procedure-summary procedure-fast-track procedure". However, there are still many problems in this system:there is no effective control over the total volume of cases flowing into trial; the degree of differentiation between the three trial procedures is not adequate; and the rate of application of summary procedure and fast-track procedure are low. In order to improve the system, effective pretrial diversion mechanisms should be established to control the total volume of cases entering into trial procedure, negotiation procedure should be introduced and fast-track procedures should be reformed to increase the differentiation between the three levels of trial procedures and make them more target specific, and procedural encouragement mechanism should also be introduced.
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