论文部分内容阅读
认罪认罚从宽制度和刑事和解制度作为刑事诉讼程序中特别程序在有效沟通、理解商谈层面转变了以往的刑事诉讼的对抗模式,向平缓解决社会矛盾方向延伸,是实现社会问题平稳着陆的突破性研究。作为近些年来学者研究的新兴领域和热门话题,本文以检察机关在两制度间的不同地位、角色、职能作为切入点,对比两者内涵特征、价值目的、证明标准、定罪量刑的区别,体现出双方互以沟通为维度向不同制度层面拓展而衍生出的程序差异。
Confession of Penalty Penalty From the wide system and criminal reconciliation system as a special procedure in criminal procedure, effective communication and understanding and negotiation have changed the confrontation model of criminal procedure in the past and extended to resolving the social contradiction smoothly. It is a groundbreaking achievement of smooth landing of social problems the study. As an emerging field and a hot topic researched by scholars in recent years, this article takes the different positions, roles and functions of procuratorial organs between the two systems as starting points and contrasts the differences between the connotation features, the value purposes, the proof standards and the conviction and sentencing of the two systems, Differences in procedure between the two parties’ mutual communication as dimensions to different institutional levels.