论认罪认罚从宽案件被害人程序参与权机制的构建

On the Construction of the Mechanism for Victims’ Procedural Participation in Leniency Cases with Guilty Pleas

摘要: 认罪认罚从宽制度作为我国司法改革的重要举措之一，在调整司法资源配置，提高刑事诉讼效率以及保障被告人合法权利方面发挥了重要作用。然而，现行制度安排偏重于控辩双方之间的程序互动，往往忽视了被害人权益的保障尤其是被害人的程序参与权。被害人适度有效的程序参与是司法保障的必然要求，也是影响此类认罪认罚案件办理成效的关键一环。鉴于当前实践和制度中被害人参与的缺位状态，亟需构建被害人知情、程序异议、求偿制度设计，以期为《刑事诉讼法》再修改提供有益参考，实现认罪认罚从宽制度高质高效发展。

Abstract: As an important measure of judicial reform in China, the system of leniency for admitting guilt and accepting punishment plays a significant role in adjusting the allocation of judicial resources, improving the efficiency of criminal proceedings, and safeguarding the legitimate rights of defendants. However, the current system arrangements focus more on procedural interactions between the prosecution and the defense, often neglecting the protection of victims’ rights, especially their right to participate in the proceedings. Appropriate and effective procedural participation by victims is an inevitable requirement for the protection of judicial and is also a key factor affecting the handling effectiveness of such cases involving admission of guilt. In view of the current absence of victim participation in practice and within the system, it is urgently necessary to establish mechanisms for victims’ informed participation, procedural objections, and compensation claims, aiming to provide useful references for further amendments to the Criminal Procedure Law and to promote the high-quality and efficient development of the system of leniency for admitting guilt and accepting punishment.