Empirical evidence shows that the supervision and error correction function of plea and punishment protest is gradually taking a second place,and the antagonistic attribute is becoming more and more intense.The adversarial nature of plea protests mainly exists in two types of protestss:counter protests and controversial protests.the former being the procedural sanction imposed by the prosecution on the"untrustworthy"defendant,and the latter stemming from the disagreement between the prosecution and trial on the ownership of the right to speak on lenient procedures.In practice,plea and punishment protests have problems such as loss of protest power,deduction of litigation efficiency,and imbalance of second-instance judgments.To this end,it is necessary to maintain the operational order of the plea and punishment protest procedure from the three dimensions of pre-trial,litigation and post-litigation,and realize the balance between the efficiency value of the plea leniency system and the relief value of the second-instance procedure.Specifically,the procedures for initiating protests should be standardized,and procuratorial protests should be promoted to return to the standard of supervision,so as to avoid the improper expansion of the right of protest;Establish a second-instance diversion mechanism,strengthen the"consensus"of prosecution and second-instance consultation,and simplify second-instance trial procedures;Clarify the standards for second-instance adjudication,clarify the boundaries of prosecution and adjudication powers,and achieve unified adjudication.
关键词
认罪认罚从宽制度/抗诉/控辩审关系/诉讼分流/司法理性
Key words
leniency system for pleas of guilt/Protest/the relationship between prosecution and defense/litigation diversion/Judicial rationality
维普
万方数据