美国控辩协商的制度基础

System Foundation of Plea Bargaining

美国控辩协商制度是美国刑事司法制度基于经验自生内发形成的,是社会需要和历史发展的产物,是对固有的审判、检察、警察、律师、被告人权利保护等制度的继承和优化。

The federalism and the separation and balance of powers in the USA grant the local administrative organizations more freedom. However, local courts tend to seek a way out from the pressure of the expansion of executive powers and from that of the surging law cases. Under such a circumstance, there arise the plea bargaining which is the inheritance and optimization of the systems of inherent trial, prosecutarat, police officers, lawyers and the rights of the accused.