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十八届四中全会通过的《中共中央关于全面推进依法治国若干重大问题的决定》明确提出要优化司法职权配置,完善刑事诉讼中认罪认罚从宽制度。契合当下经济、社会发展带来犯罪案件激增的司法环境,具有其特定的程序效力、程序独立性以及量刑特殊性,实现了繁简分流,在一定程度上缓解了案多人少的矛盾。该制度在符合法定成立要件的基础上,在立法、程序上应作进一步的规定,其量刑标准应做适当的扩大,扩大从轻减轻的适用范围,以达到刑事诉讼认罪认罚从宽制度的立法目的。该制度的启动程序应同时学习吸收两大法系的优势,对量刑进行适当的扩大,完善认罪认罚从宽制度,提高司法效率,充分利用司法资源,保障当事人的合法权益。
The “Decision of the CPC Central Committee and the Central Committee of the Communist Party of China on Several Major Issues in Ruling the Country by Law” passed by the Fourth Plenary Session of the 18th CPC Central Committee clearly proposed that the allocation of judicial powers and powers should be optimized and the leniency system of recognizing and punishing crimes should be improved. With the current economic and social development brought about by the proliferation of criminal cases, the judicial environment has its specific procedural effectiveness, procedural independence and the particularity of sentencing, and has realized the simplification and simplification of contradictions, which to some extent eased the contradictions with fewer cases and fewer cases. On the basis of complying with the requirements of the legal establishment, the system should make further provisions in the legislation and procedure. The standard of sentencing should be appropriately expanded, and the scope of application of mitigation should be expanded so as to achieve the criminal law of recognizing and punishing the leniency legislation purpose. The starting procedure of the system should also learn to absorb the advantages of the two legal systems, expand the sentencing penalty appropriately, improve the leniency system of pleading guilty and punish penalty, improve the judicial efficiency, make full use of judicial resources and protect the legitimate rights and interests of the parties involved.