摘要
控辩平等是建立认罪认罚从宽制度的前提和基础。控辩协商是认罪认罚从宽制度的核心和关键。当下,我国的认罪认罚从宽制度存在的最大问题是控方话语权过大导致的控辩明显失衡,控方不仅主导制定该制度,而且掌控认罪认罚从宽诉讼程序,辩方消极、被动,尤其缺乏以控辩平等为前提和基础的控辩协商机制。解决之道在于站在世界刑事诉讼法治视野下,从控辩平等的应有内涵视阈检视与完善认罪认罚从宽制度。特别是要关注到,控辩平等的现代内涵不仅包括平等武装,还包括平等保护、平等对抗、平等合作。
The prosecution-defense equality is the premise and foundation of the leniency system of confession and punishment,and the consultation of prosecution and defense is the core and key.At present,the biggest problem with leniency system for confession and punishment is the obvious imbalance between the prosecution and defense caused by the excessive discourse power of the prosecution.The prosecution led the development of the system,and controlled the leniency proceedings of confession and punishment,the defence was passive and lacked the prosecution and defence consultation mechanism based on equality of prosecution and defence.The solution is to examine and improve the leniency system of confession and punishment from the perspective of the connotation of equality of prosecution and defense in the field of world criminal procedure law.Especially its modern connotation includes not only armed equality but also equality of protection,confrontation and cooperation.
作者
冀祥德
刘潇雨
Ji Xiangde;Liu Xiaoyu(Institute of Law,Chinese Academy of School Sciences,Beijing100102;University of Chinese Academy of School Sciences,Beijing 100102)
出处
《警学研究》
2022年第3期41-50,共10页
Police Science Research
关键词
控辩平等
控辩协商
认罪认罚从宽
prosecution-defense equality
the consultation of prosecution and defense
leniency of confession and punishment
