认罪认罚从宽制度被告人反悔问题研究

On the Issue of the Repentance of the Defendant in the System of Guilty Plea

摘要: 推行认罪认罚从宽制度，目的是优化司法资源配置、节约资源侧重疑难案件、提高诉讼效率，繁简分流从而化解案多人少的困境。在我国认罪认罚从宽制度已经从特别授权上升到法律制度的高度，从试点地区推广到全国范围。2018年，为期两年的试点工作已经结束，初见成效。但是在司法实践中，被告人反悔、滥用上诉权的情况时常发生，增加了不必要的司法负担。由于我国还没有明确的规定，那么有必要对被告人反悔以及反悔机制相关问题进行深入研究。

Abstract: The implementation of the leniency system of pleading guilty and punishment is aimed at optimizing the allocation of judicial resources, conserving resources, focusing on difficult cases, improving litigation efficiency, and simplifying and diverting so as to resolve the plight of more cases and fewer people. In our country, the system of leniency in plea confession and punishment has risen from special authorization to the height of the legal system, and it has been extended from the pilot area to the whole country. In 2018, the two-year pilot work has ended with initial results. However, in judicial practice, the defendant’s repentance and abuse of the right to appeal often occur, which increases unnecessary judicial burden. Since there are no clear regulations in our country, it is necessary to conduct in-depth research on the defendant’s repentance and related issues of the repentance mechanism.