中国控辩协商制度研究——刑事诉讼特别程序之探讨

A Study on the Negotiation System of Prosecution and Defence in China ——A Study on the Special Procedure of Criminal Prosecution

逐步扩大简易程序和其他速决程序的适用范围,是近年来世界各国刑事诉讼法的发展趋势之一。随着我国当事人主义诉讼模式的初步确立,对抗性审判的程度得到了进一步增强,但刑事案件数量持续上升与司法资源有限之间的矛盾却日益突出,在此情形下,借鉴美国辩诉交易制度及西方其他国家的刑事诉讼特别程序,创设具有中国特色的控辩协商制度这种非审判式案件处理方式,就成为我们可供考虑的选择。

It is a (development) (tendency) of (criminal) (procedure) (law) in (many) (countries) (recent) (years) (that) (extend) (the) (scope) of (application) of (summary) (procedure) (and) (other) (discretional) (procedure).(With) the (preliminary) (establishment) of (lawsuit) (pattern) of (thinking) (highly) of (litigant),the (antagonistic) (degree) of (trial) has (been) (further) (enhanced.)(However),(because) the (contradiction)is acute that (limited) (judicial) (resources) can not meet the need of the rising (number) of (criminal) case (constantly),(consequently),it (should) be (considered) that draw on the (experience) of (Amerian) plea (barganining),and then (establish) a (negotiation) system of (prosecution) and (defence) that has (chinese) (characteristic).