建立控辩协商程序与完善检察官自由裁量权

A Study on the Relation Between the Establishment of the Negotiation System of Prosecution and Defence and the Procurators'Power in Deciding

在未来《刑事诉讼法》的修订中,借鉴外域“辩诉交易”制度,建立起具有中国特色的“控辩协商”程序,已经得到学界和司法实务界的认可。“控辩协商”程序的设立和运行与检察官自由裁量权的行使具有不可分割的关系,应该以外域实施辩诉交易制度需要的检察官自由裁量权为参照系,进一步丰富和完善我国检察机关自由裁量权的内容,为建立和实施控辩协商程序提供制度上的支持。

It has already been approved that in the acdemic circles and judicial circles that we should establish the Chinese characteristic negotiation system of prosecution and defence making referece to foreign negotiation system of prosecution and defence in the future revision of Criminal Procedure Law of the People＇ s Republic of China. There is a very close relation between the negotiation system of prosecution and defence and the procurators＇ power in deciding, so we should further enlarge the procurators＇ power in deciding in order to give support to the negotiation system of prosecution and defence in system.