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《中共中央关于全面推进依法治国若干重大问题的决定》明确提出完善认罪认罚从宽制度,由此引发了学术界关于协商性司法理念中价值冲突的激烈探讨。随着犯罪类型增加、犯罪轻刑化等问题的出现,传统的纠纷解决机制逐渐难以应付基数庞大的新型犯罪。在这一层面上,协商性司法成为缓解司法僵局的有力手段。然而在实务操作中,程序与效率之间往往会发生冲突。现阶段应着力寻找出二者之间的平衡点,借以发现缓解冲突的路径。
The Decision of the Central Committee of the Communist Party of China on Some Important Issues in Ruling the Country According to Law has been clearly put forward to improve the system of leniency of pleading guilty and punishments. This has led to heated discussions on the value conflicts among the academic circles concerning the concept of consultative judicature. With the increase of types of crimes and the criminalization of crimes, the traditional dispute resolution mechanism has become increasingly difficult to cope with the new type of crimes with a large base. At this level, consultative justice has become a powerful instrument for alleviating the judicial impasse. However, in practice, there is often a conflict between procedures and efficiency. At this stage should be focused on finding the balance between the two, in order to find the path to mitigate the conflict.