认罪认罚从宽程序研究

发布时间：2019-04-02 01:35

【摘要】：传统的报应性刑罚观和刑事司法制度在应对案件积压、司法资源紧张、司法效果和人权保障方面显得力不从心。宽严相济的刑事政策催生了刑事简易程序、被告人认罪案件简化审、公诉案件和解程序以及刑事案件速裁程序,并进一步引发了认罪认罚从宽制度的实践探索。认罪认罚从宽制度顺应了提高诉讼效率、强化辩方诉讼主体地位、适应对抗制诉讼格局和保障人权的司法改革追求,已经在我国刑事诉讼实践中开展试点改革。认罪认罚从宽改革的实践表明,案件处理程序中,侦查程序所需时间相对较长,律师参与其中有助于当事人认罪认罚,控辩双方达成的认罪认罚量刑建议更容易被审判机关采纳,当事人对案件的处理结果比较满意且上诉率低。但改革实践也反映出认罪认罚案件的处理所需法律文书种类繁多,案件在侦查、起诉、审判环节流转耗时较长,侦查机关、检察机关、审判机关之间配合不畅等问题。从程序上优化认罪认罚从宽制度,应当注意保障犯罪嫌疑人、被告人认罪认罚的自愿性,关注被害人的程序权益,强化法院的司法审查,各机关应当履行对犯罪嫌疑人、被告人的权利告知义务,保障定罪标准和落实律师帮助制度。具体而言,侦查程序中,强化认罪后取保候审、监视居住的适用以体现从宽,赋予侦查机关案件撤销权。审查起诉程序中,控辩双方应当达成认罪认罚从宽的协议,建立审前分流起诉机制和处罚令程序。审判程序中,应当设置轻案速裁程序,完善简易程序,探讨量刑程序独立化,明确认罪案件量刑协商程序。
[Abstract]:The traditional retributive punishment view and criminal justice system are unable to deal with the backlog of cases, the shortage of judicial resources, the judicial effect and the protection of human rights. The criminal policy of combining leniency and severity gave birth to the criminal summary procedure, the simplified trial of the accused pleading guilty case, the settlement procedure of the public prosecution case and the quick adjudication procedure of the criminal case, and further led to the practice exploration of the lenient system of pleading guilty confession and punishment. The system of confession and punishment leniency has improved the efficiency of litigation, strengthened the status of defense litigation subject, adapted to the pursuit of judicial reform of confrontation litigation pattern and the protection of human rights, and has carried out pilot reform in the practice of criminal procedure in our country. The practice of pleading guilty to confession and punishment leniency reform shows that the investigation procedure takes a relatively long time in the case processing procedure, and the participation of lawyers in it is helpful for the client to confess guilt and punishment. The plea admission and sentencing recommendations reached by the prosecution and defense parties are more easily accepted by the judicial authorities, and the parties are more satisfied with the outcome of the case and the appeal rate is low. However, the reform practice also reflects that there are many kinds of legal documents needed to deal with the confession and punishment cases. The cases are in the investigation, prosecution and trial links, which take a long time, and the cooperation among the investigation organs, procuratorial organs and judicial organs is not smooth and so on. To optimize the system of admission and leniency from the procedural point of view, attention should be paid to protecting the voluntary nature of confession and punishment of criminal suspects and defendants, paying attention to the procedural rights and interests of victims, strengthening the judicial review of the courts, and various organs should fulfill their treatment of criminal suspects. The defendant's right to inform obligations, guarantee conviction standards and the implementation of the lawyer help system. Specifically, in the investigation procedure, we should strengthen the bail and wait for trial after pleading guilty, monitor the application of residence to reflect the leniency, and give the investigation organ the right to cancel the case. During the review and prosecution procedure, the prosecution and defense parties shall reach an agreement of leniency in confession and punishment, and establish a pre-trial diversion prosecution mechanism and a punishment order procedure. In the trial procedure, we should set up the quick adjudication procedure of light case, perfect the summary procedure, probe into the independence of sentencing procedure, and make clear the negotiation procedure of sentencing of guilty plea case.
【学位授予单位】：浙江工商大学
【学位级别】：硕士
【学位授予年份】：2018
【分类号】：D925.2

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