论被追诉人认罪认罚自愿性标准

认罪认罚从宽制度体现了保障人权、程序正义和司法效率等诉讼理念的要求，被追诉人认罪认罚的自愿性是该项制度适用的基本条件。被追诉人是否做到了自愿，不仅需要从明知和明智等方面加以判断，同时，还需要从被追诉人是否被强迫自证其罪，是否获得相关法律规定的告知与律师帮助，以及自愿性司法审查等程序上予以审定。针对我国关于被追诉人认罪认罚自愿性的立法不足，应当从完善认罪认罚告知机制、扩大被追诉人律师帮助以及健全司法审查程序等方面予以完善。

The Standards of Voluntariness of the Accused to Recognize Crime and Accept Punishment

The leniency system for recognizing crime and accepting punishment embodies the requirement of litigant concepts such as protecting human rights, pursuing procedural justice and improving judicial efficiency. The voluntariness of the accused to recognize crime and accept punishment is the basic condition for the application of the system. The judgment of the voluntariness not only lies in the fact whether the accused realizes his guilty, but also lies in the process whether the accused is forced, whether he is informed and assisted by lawyer as required by relevant laws. In view of the legislation deficiency in such issue in China, it is necessary to improve the informing system, provide more lawyer assistance and enhance judicial supervision procedure.