| 摘要: |
| 当前认罪认罚案件中对公共利益的考量,主要集中于适用认罪认罚从宽制度之后在社会利益层面产生的影响,而并未关注在确定适用认罪认罚从宽制度之前对公共利益的衡量。2017年美国地方法院承办的“美国诉沃克案”中,法官基于对公共利益的评估而拒绝辩诉交易做法的正当性与合理性一时引发热议。此案将公共利益作为决定是否适用辩诉交易的判断标准,并提出对公共利益评估的四步程序,对我国将公共利益引入认罪认罚案件具有借鉴意义。在办理认罪认罚案件中,法官可以通过社会背景、审判利益、民意宣泄、适用动机四个步骤对公共利益进行考量评估,由此为认罪认罚从宽制度的公正适用作出界定。 |
| 关键词: 公共利益 辩诉交易 认罪认罚 |
| DOI：10.13216/j.cnki.upcjess.2020.05.0012 |
| 分类号:D925.2 |
| 基金项目: |
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| How to Balance Public Interests in Plea of Guilt and Penalty Cases:Enlightenment of the United States V. Walker Case in 2017 |
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YANG Hang
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(School of Law, People 's Public Security University of China, Beijing 100038, China)
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| Abstract: |
| At present, the consideration of public interests in the cases of admission of guilt and punishment mainly focuses on the influence of the leniency of admission of guilt and punishment on the social interests after the application of the leniency of admission of guilt and punishment, rather than on the measurement of public interests before the application of the leniency of admission of guilt and punishment. In the U.S. V. Walker case, held by the U.S. District Court in 2017, the legitimacy and rationality of the judge 's refusal of plea bargaining based on the assessment of the public interest caused a heated debate. This case takes the public interest as the criterion to decide whether to apply plea bargaining, and puts forward the four-step procedure to evaluate the public interest, which has reference significance for introducing the public interest into the case of guilty plea and punishment in China. In dealing with cases of admission of guilt and punishment, judges can evaluate the public interest through four steps:social background, trial interests, public opinion venting and application motivation, thus defining the fair application of leniency system of admission of guilt and punishment. |
| Key words: public interest plea bargaining guilty plea |
