辩诉交易之理论意义及可行性分析

Analyzing the Theories and Feasibility of Plea-bargaining

辩诉交易是英美法中的一个概念,产生并存在于特定的法律文化中。虽然目前大陆法系的一些国家也着力借鉴,但均会因本国国情而加以改造。辩诉交易在其发源的国家一直有存废的争议。我国理论界讨论的协商性刑事司法(刑事和解)与辩诉交易存在着本质区别。认真分析辩诉交易制度,有助于更好地理解并设计出符合我国国情的相关制度。

Plea-bargaining, as a conception in common law, comes into being and exists in its particular legal culture. Many countries of continental law have transplanted the device into their own legal system with reconstructing for their own situation. In addition, there is always debate on whether abolishing the device in its originated country. Comparing plea-bargaining and Victim-offender Reconciliation which discussed in our country, they are naturally different. Analyzing the device of plea-bargaining clearly helps to avoid some misunderstanding of similar conceptions. Moreover, it helps to understand and create the particular device in our criminal justice.