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刑事诉讼中认罪认罚从宽制度是党的十八届四中全会提出的刑事诉讼改革的一项制度。认罪认罚从宽制度的提出和实施,理论界有些学者将该制度与国外的辩诉交易制度进行对比,甚至认为是辩诉交易制度的中国化,实际上,这两种制度存在着本质区别。文章将两种制度进行对比,通过详细研究T市某区人民检察院运用认罪认罚从宽制度审结的案件,厘清两种制度的联系和区别,对适用认罪认罚从宽制度以来存在的问题进行深入分析,并提出对策及建议。
Confession and Penalty in Criminal Proceedings: A System of Criminal Procedure Reform Proposed by the Fourth Plenary Session of the 18th Central Committee of the CPC from a Broad System. Some scholars in the theoretical circle compared the system with the system of plea bargaining in foreign countries, and even regarded it as the sinicization of plea bargaining system. Actually, there are essential differences between the two systems. By comparing the two systems, the article examines the cases in which people’s procuratorates in a certain district of T City conclude their sentences of guilty of pleading guilty and punish them with leniency, clarifies the connections and differences between the two systems, and makes an in-depth analysis of the problems that have existed since the leniency system , And put forward countermeasures and suggestions.