辩诉交易的法律与经济学价值——兼论公正与效率

The Legal and Economic Value of the Bargain between the Defendant and the Prosecutor: on Justice and Efficiency

辩诉交易在美国的产生并非偶然,而是其特定社会环境和司法实践的产物。辩诉交易之所以在美国备受青睐,是因为其内在所固有的法律与经济学价值使然。借鉴辩诉交易制度,就要通过制度创新来兼顾公正与效率。

It is not by accident that the bargain between the defendant and the prosecutor occurred in the U.S. It is the result of the special social environment and judicial practice.Due to its innate legal and economic value, it is extremely popular in the U.S.If we want to learn something from this system,we must take both justice and efficiency into consideration through innovation of the system.