认罪认罚从宽制度中证据开示的适用

The Application of Evidence Discovery in the Lenient System of Confession and Punishment

摘要: 证据开示制度具有弥补阅卷制度缺陷、保障认罪认罚自愿性、真实性，提升量刑建议准确性的显著作用。但由于检察机关缺乏证据开示的动力，加上我国对于证据开示的主体、对象、范围等问题尚未厘清，当前证据开示的引入进程较为缓慢。在认罪认罚从宽场域下充分挖掘证据开示的独特价值，必须通过建构检察机关证据开示机制、确立全面双方开示模式、明确向犯罪嫌疑人开示机制、以全面开示为原则，才能推动证据开示与认罪认罚从宽制度紧密联动，有效保障犯罪嫌疑人的证据知悉权，提升认罪认罚从宽的质效。

Abstract: A system of evidence discovery could remedy the shortcomings of the examination paper system, guarantee the voluntariness and truthfulness of guilty pleas and penalties, and improve the accu-racy of sentencing recommendations. However, the introduction process of evidence discovery has been relatively slow due to the procuratorial organ lacks the power to reveal evidence, and the factors that and the unclear subject, object and scope of the discovery of evidence in China. In order to fully tap the unique value of evidence disclosure under the broad field of guilty pleas and penalties, We must construct the evidence disclosure mechanism of the procuratorial organ, establish a comprehensive bilateral disclosure model, clarify the disclosure mechanism to suspect, and take the comprehensive disclosure as the principle, so as to promote the close linkage between evidence disclosure and the leniency system of guilty pleas and penalties, effectively guarantee the right of suspect to know the evidence, and improve the quality and effectiveness of leniency in confession and punishment.