辩诉交易制度初探

Study of Plea-Bargaining

辩诉交易制度是起源于美国的一种刑事诉讼制度,它是指检察官在被告人律师的协助下,就案件的处理问题与被告人进行协商、谈判以促成有罪答辩从而不经审判而了结案件的一种诉讼方式,虽然这项制度的发展一直伴随着争议和质疑,但是因其在节约司法资源,促进办案效率等方面卓越的功效日益显现出强大的生命力。

Plea-bargaining comes from the US,it refers to the prosecutor with the assistance of counsel for the accused,the handling of the case to consult with the defendant to negotiate in order to facilitate the respondent guilty without a trial to settle a case litigation.Though it is assailed and doubted by many scholars and practitioners,but still,it is quite vigorous.The reason of this phenomenon is that this system has its unique value contents,which is not included in any other criminal judicial systems.