认罪认罚从宽的量刑问题研究

A Study on Sentencing Issues under the Leniency System for Admitting Guilt and Accepting Punishment

摘要: 认罪认罚从宽在提升司法效率、节约司法资源等做出了重要贡献，在实行过程中也暴露出量刑设计中的问题，无论是“从宽幅度”的把握，量刑建议的高采纳率，还是被追诉人认罪认罚的自愿性，都需要认罪认罚从宽制度的进一步完善。文章探究认罪认罚从宽制度正当化依据为认罪认罚从宽提供理论支撑，具体分析了值班律师制度的形式化以及量刑建议高采纳率背后可能存在的程序问题，同时从以审判为中心的刑事诉讼制度、控辩双方配合原则与完善值班律所制度等多个角度细化完善认罪认罚制度设计以期提升制度效能，提升认罪认罚案件办理的质量与效果，进一步实现被追诉人的权利保障。

Abstract: The leniency system for admitting guilt and accepting punishment has made significant contributions to enhancing judicial efficiency and conserving judicial resources. However, its implementation has also exposed problems in sentencing design. Whether it is the proper determination of the “scope of leniency,” the high adoption rate of sentencing recommendations, or the voluntariness of the accused’s admission of guilt and acceptance of punishment, all these issues call for further improvement of the leniency system. This article explores the justification of the leniency system for admitting guilt and accepting punishment, thereby providing theoretical support for it. It specifically analyzes the formalistic nature of the duty lawyer system and the potential procedural issues underlying the high adoption rate of sentencing recommendations. At the same time, it refines and improves the design of the leniency system from multiple perspectives—such as the trial-centered criminal procedure system, the principle of cooperation between the prosecution and the defense, and the improvement of the duty lawyer system—with a view to enhancing the system’s effectiveness, raising the quality and outcome of handling cases involving admission of guilt and acceptance of punishment, and further safeguarding the rights of the accused.