认罪认罚从宽制度目前正在试点,有三个问题值得特别关注。一是认罪自愿性的问题,需要进行研究和探讨。自愿性认罪是适用该制度的基础和前提,认罪自愿性的标准可从被追诉人自身行为和公安司法机关的行为来加以判断。保障认罪的自愿性可从保障被追诉人的权利着手;二是关于认罚的协商性问题,应当明确关于刑罚的处罚可以协商,协商的幅度在法定从轻量刑幅度内、减轻处罚和定罪免罚间选择;三是认罪认罚从宽诉讼程序适用的选择与限制,被追诉人应有程序启动权,同时也应有程序回转,但同时应予以适当限制。 There are three issues that deserve special attention, as the system of pleading guilty to punish leniency is currently being piloted. First, the issue of voluntary confession, need to be studied and discussed. Voluntary confession is the basis and prerequisite for the application of the system. The voluntary standard of guilt can be judged from the behavior of the prosecutor and the behavior of the public security organ. The voluntary guarantee of guilty plea may start from safeguarding the rights of the person to be prosecuted. Second, on the issue of conscientiousness and consultation, it should be made clear that the penalties for criminal penalties can be negotiated. The scope of the consultation is to reduce the penalty and conviction and punishment within the statutory range of light sentencing Third, the choice and limitation of pleading guilty to punish leniency proceedings, the prosecutors should have the right to start the procedure, but also the procedure should be revolving, but at the same time should be subject to appropriate restrictions.