量刑协商机制的缺憾与出路
The Deficiencies and the Way out of the Sentencing Consultation Mechanism

量刑协商机制在认罪认罚制度中具有特别的地位。随着以审判为中心的改革的推进，对审判权的行使提出了进一步的要求，这导致普通诉讼愈加繁琐、案件积压、诉讼效率低下等问题在刑事诉讼流程推进过程中显示出来。量刑协商制度的引进是解决案多人少、司法资源配置不合理问题，推进繁简分流的重要制度改革，也是符合当前司法实践的制度建设。但是在其实施过程中也出现了一系列问题，比如法院对检察机关制约的缺失、值班律师该诉讼角色的缺失、审判机关权力的过度行使、控辩双方对抗的不平等地位等，都将成为该制度良性持久发展的桎梏。有鉴于此，要积极从我国量刑协商机制的诉讼构造入手，对其存在的缺陷进行研究，并结合司法实践与现阶段制度建设情况，从协调控辩关系、改善法院审查方式、重塑值班律师诉讼角色等方面探索困境化解的出路。
The sentencing negotiation mechanism has a special place in the plea bargaining system. With the advancement of trialcentered reforms, further demands have been made on the exercise of trial rights, which has led to increasingly cumbersome ordinary litigation, a backlog of cases, and inefficiencies in litigation that have been demonstrated during the advancement of the criminal procedure process. The introduction of the sentencing negotiation system is an important institutional reform to solve the problem of the large number of cases and the irrational allocation of judicial resources, and to promote the separation of complexity and simplicity, as well as the construction of the system in line with the current judicial practice. But in the process of its implementation also appeared a series of problems, such as the court on the prosecution constraints of the lack of, duty lawyer the litigation role of the lack of, the excessive exercise of the power of the trial organs, the prosecution and defense confrontation of the unequal status, etc., will become the system of benign and lasting development of the shackles. In view of the above, we should actively start from the litigation structure of our country’s sentencing consultation mechanism, study its deficiencies, and combine it with the judicial practice and the current stage of the system construction, from the coordination of prosecution and defense relations, improve the court review method, reshape the role of duty lawyers and other aspects of the dilemma of the solution to the way out.