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当前认罪认罚从宽制度的试点正在全国18个试点城市稳步推进,试点试验的过程中,对案件事实的证明,普遍认为证明的标准不能降低,坚持“事实清楚,证据确实充分”的证明标准。最近我到一个试点调研,实务界的同志提出,标准不降,一律采用严格证明的模式和方法,诉讼效率难以提高,案多人少的矛盾仍然解决不了。公诉界的同志反映,法院庭审程序简化了,但证据审查证明过程前置,公诉审查要严格把关,
At present, the pilots to admit guilt and punish leniency system are steadily being piloted in 18 pilot cities across the country. During the trial and trial, the evidence of the facts of the case is generally believed that the standard of proof can not be lowered and the evidence of “the facts are clear and the evidence is indeed sufficient” standard. Recently, I came to a pilot study. Comrades in the field of practice put forward that criteria should not be lowered and all models and methods of strict certification should be adopted. The litigation efficiency is hard to be improved and the contradictions with fewer cases and fewer cases still can not be resolved. Comrades in the public prosecution sector reflected the court trial procedure simplified, but the evidence review proved the process of pre-prosecutorial review should be strictly checked,