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认罪是犯罪嫌疑人、被告人的一项权利,是他们对所指控之罪的承认。它可发生在侦查阶段、审查起诉阶段或审判阶段。从程序法意义上看,认罪是一种法律行为,可引起某种特定刑事诉讼程序的发生、改变或终结;从实体法意义上看,认罪可导致犯罪嫌疑人、被告人刑罚被减轻或免除。我国认罪案件办理机制存在的主要问题是:该机制的独立价值未得到充分彰显;司法实务部门对该机制的探索性实践有违法之嫌;程序设计具有一定的不合理性,影响了该机制充分发挥其功能;相关配套制度不健全,难以保证认罪的自愿性。对我国认罪案件办理机制的完善,应从确认机制、快速办理机制、激励机制和弹劾机制等4个方面进行体系性的思考和安排。
Confessing guilty is one of the suspects and defendants’ rights, which is their recognition of the alleged offense. It can occur during the investigation phase, the prosecution phase or the trial phase. From the perspective of procedural law, plea of guilty is a kind of legal act that can cause the occurrence, change or termination of a particular criminal procedure. From the perspective of substantive law, pleading guilty may lead to the reduction or exemption of criminal suspects and defendants . The main problems existing in the system of pleading guilty in our country are: the independent value of the mechanism has not been fully demonstrated; judicial practice is suspected of the exploratory practice of the mechanism; procedural design has a certain irrationality and affects the fullness of the mechanism Play their functions; related supporting system is not perfect, it is difficult to guarantee the voluntary confession. On the perfection of handling mechanism of pleading guilty in our country, systematic consideration and arrangement should be made from four aspects: confirmation mechanism, expediting mechanism, incentive mechanism and impeachment mechanism.