美英辩诉交易与诉讼价值振荡规律

On the Plea-Bargaining System and Its Procedural Value of Sine Wave

美英辩诉交易制度的存在与发展是有条件的。当事人主义的诉讼模式,检察官的自由栽量权、完善的辩护制度以及沉默权是其产生与发展的条件。系统论与拉卡托斯的哲学观点为我们全面认识辩诉交易制度提供了新的视角。辩诉交易所反映的诉讼价值曲线在公正与效率形成的箱体中反复振荡。

Chinese jurists have paid more attention to the American and British plea - bargaining system, while it has its condition and limitation. The plea- bargaining came from and developed under the adversary system, discretion of the prosecutor, favorable advocacy system and right to silence, which need to be reviewed from a new viewpoint supported by the systematic theory and philosophy of Lakatos. The procedural value reflected of the plea - bargaining forms a sine wave undulated between the impartiality and efficiency.