Abstract：The amendment draft introduces system of leniency on admission of guilt and acceptance of punishment in pilot program, but has some problems in the macro-structure of the system, including that recognizance only binds the suspect or defendant, on the meanwhile the procuratorate has the option to adjust its sentence recommendation; that the court generally shall adopt the charge and sentence recommendation from the procuratorate; that the police is invested discretion in withdrawing the case; that duty lawyer enjoys limited rights.A ideal structure should be, the prosecution and the defense are relatively equal; the agreement between them is not binding, but the procuratorate should abide by it in principle.On the contrary, the agreement should not bind the court.There is no theoretical basis for the police to enjoy discretion in withdrawing cases.Since duty lawyers are defined as defender, they should enjoy complete rights to guarantee the suspect or defendant option to admit guilt and accept sentence knowingly(intelligently)and voluntarily.
魏晓娜. 结构视角下的认罪认罚从宽制度[J]. 法学家, 2019, 0(2): 111-123.
WEI Xiao-Na. System of Leniency on Admission of Guilt and Acceptance of Punishment from the Perspective of Macro-structure. , 2019, (2): 111-123.
2019, 
