檢察主導抑或審判中心：認罪認罰從寬制度中的權力衝突與交融

Prosecutorial Lead or Trial Center: the Power Conflict and Blending in the System of Leniency on Admission of Guilty and Acceptance of Punishment

以量刑建議“一般應當採納”的新刑訴法規定為標誌，認罪認罰從寬制度中的控審權力產生了一定的結構性衝突，直接體現在量刑建議采採納率的“斷崖式”下降。檢察院抗訴法院未採納認罪認罰量刑建議的有關數據顯示，控審雙方對認罪認罰案件量刑建議的程序及內容存在分歧。為了充分尊重控辯雙方“合作”後達成的協商合意，認罪認罰從寬制度運行中的法檢權力此消彼長，產生了“求刑權與量刑權”“實體性權力與程序性權力”“檢察主導作用與以審判為中心”的三維衝突。控審雙方應當在彼此尊重的基礎之上，加強認罪認罰案件定罪量刑的雙向溝通，以達到檢察主導與審判中心的交融調和。

During the operation of the system of leniency on admission of guilty and acceptance of punishment, the prosecutorial lead conflicts with trial center, especially when the sentencing proposal must be accepted generally according to the criminal procedure law. Based on the data of the prosecutorial plea of the cases that the sentencing proposals are denied by the court in the system of leniency on admission of guilty and acceptance of punishment, there exist the conflicts between the content and procedure of sentencing proposal power and sentencing power. Seemingly, the conflicts result in the expansion of prosecutorial sentencing proposal power and reduction of judicial sentencing power, but practically, the inner cause is the impact of prosecutorial lead to trial center. in order to resolve the conflict, the prosecutorial organ and judicial organ must start with mutual respect and enhance the mutual communication of conviction and sentencing in the system of leniency on admission of guilty and acceptance of punishment, so that the prosecutorial lead and trial center can be effectively blended.