中国刑事诉讼认罪认罚从宽程序制度的完善

The system of leniency based on peccavi can effectively improve litigation efficiency. The system of leniency based on peccavi needs to be consistent with the criminal procedure structure of our country, in order to achieve judicial justice and strive to change the criminal procedure mode at a deeper level. The existing system of leniency based on peccavi has been plagued by many difficulties in the practice of criminal justice in China, and it has also affected the implementation of the system of leniency based on peccavi. It is necessary to re-examine and construct the system of leniency based on peccavi, comprehensively consider the factors affecting the operation of the system of leniency based on peccavi and re-examine the operating mechanism of the system of leniency based on peccavi in pretrial criminal procedure. The main method of perfecting the system of leniency based on peccavi in pretrial procedure is enlarging the scope of application of diversion procedure so to reduce the caseload of courts largely. For example, we can transform the discretionary non-suing system to misdemeanor non-prosecution system. The misdemeanor non-prosecution system and criminal speedy trial procedure will have a “competitive” relationship in the applicable case, and the defendant can choose between misdemeanor non-prosecution and criminal speedy trial procedures. Besides, we can extend the conditional non-prosecution to ordinary criminal cases, and the procuratorate can make conditional non-prosecution in cases where misdemeanour can be applied, and the procuratorate can make conditional non-prosecution in “cases that may be sentenced to one year imprisonment”. When the case satisfies “the public interest in the absence of prosecution” and “a case in which the sentence may be sentenced to one year’s imprisonment,” the procuratorate may make a decision on conditional non-prosecution if the suspect pleads guilty; We can also further expand withdrawal of the prosecution mechanism. For cases that are subject to misdemeanor non-prosecution and conditional non-prosecution, if the defendant pleads guilty at the trial stage, the procuratorate can apply to the court for withdrawal of the prosecution in condition that the procuratorate considers that it is possible to apply misdemeanor non-prosecution or conditional non-prosecution. Then the court shall examine the reasons for withdrawing the indictment and make the decision as to whether or not to grant permission. Moreover, we should construct the procedure of ordinary trial and summary tiral and criminal speedy trial. Specifically, we should perfect the system of leniency based on peccavil, and reform the mode of proving in summary trial, and transform the criminal speedy procedure to criminal penalty order.