刑事被告人答辩制度之构建
发布时间：2018-10-16 20:13
【摘要】：罪状认否意义上的被告人答辩制度尚未在我国刑事诉讼中设计完成,而认罪认罚从宽制度框架下的程序分流机制令庭前被告人答辩制度之构建成为必要。被告人答辩制度应为庭前会议的一种制度配套,其所寄身的程序空间应与庭前会议合二为一。在认罪认罚从宽制度改革背景下,被告人答辩的对象已经不再局限于公诉事实,而是扩大到了量刑建议。被告人答辩的基本功能在于程序分流,其本质上区别于具有证据属性的被告人供述与辩解。有罪答辩并不免除控方的证明责任,亦不能限制法院的实体裁判权,因此与民事诉讼中的自认形相近而实相远。在标准化的基础上,可将我国被告人答辩的类型分为认罪答辩、无罪答辩、拒绝答辩、轻罪答辩以及承认案件事实的答辩。对被告人的有罪答辩,应当进行前提性的事实基础审查,并确保被告人答辩的自愿性与正当性。
[Abstract]:The defendant defense system in the sense of guilt recognition has not yet been designed and completed in criminal proceedings in our country, and the procedure diversion mechanism under the framework of lenient admission and punishment system makes it necessary to construct the defense system of the defendant before the trial. The defense system of the defendant should be a kind of system supporting the pre-court meeting, and the procedural space should be combined with the pre-court meeting. Under the background of lenient system reform, the defendant's defense is no longer confined to the facts of public prosecution, but expanded to the sentencing suggestion. The basic function of defendant's defense lies in the procedure diversion, which is essentially different from the defendant's confession and explanation with evidence attribute. Guilty pleading does not exempt the prosecution from the burden of proof, nor does it restrict the substantive jurisdiction of the court, so it is close to and far from the form of admission in civil action. On the basis of standardization, the types of defense of the defendant in our country can be divided into guilty pleas, acquittal pleas, refusals, misdemeanours and confessions to the facts of the cases. The defendant's guilty defense should be examined on the basis of presupposition, and the defendant's pleading should be voluntary and legitimate.
【作者单位】： 广州大学法学院;
【分类号】：D925.2
，
本文编号：2275514
[Abstract]:The defendant defense system in the sense of guilt recognition has not yet been designed and completed in criminal proceedings in our country, and the procedure diversion mechanism under the framework of lenient admission and punishment system makes it necessary to construct the defense system of the defendant before the trial. The defense system of the defendant should be a kind of system supporting the pre-court meeting, and the procedural space should be combined with the pre-court meeting. Under the background of lenient system reform, the defendant's defense is no longer confined to the facts of public prosecution, but expanded to the sentencing suggestion. The basic function of defendant's defense lies in the procedure diversion, which is essentially different from the defendant's confession and explanation with evidence attribute. Guilty pleading does not exempt the prosecution from the burden of proof, nor does it restrict the substantive jurisdiction of the court, so it is close to and far from the form of admission in civil action. On the basis of standardization, the types of defense of the defendant in our country can be divided into guilty pleas, acquittal pleas, refusals, misdemeanours and confessions to the facts of the cases. The defendant's guilty defense should be examined on the basis of presupposition, and the defendant's pleading should be voluntary and legitimate.
【作者单位】： 广州大学法学院;
【分类号】：D925.2
，
本文编号：2275514
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