两大法系国家辩诉交易程序辨析

The Analysis on the Procedure of Plea Barbaining between Common Law Countries and Civil Law Countries

辩诉交易程序发端于英美法系国家,作为被告人认罪案件的快速处理程序,其也为大陆法系国家所效仿;该程序在两大法系国家都起到了提高诉讼效率的作用。但由于两大法系国家在诉讼目标模式、检察官自由裁量权、起诉原则等方面差异较大,从而导致了辩诉交易程序在两大法系国家的不同境遇。

Plea bargaining, which begins in common law countries, is a speedy procedure to dispose cases with guilty plea and have been borrowed by Civil law countries. Plea bargaining have improved efficiency in these countries. However, there are great differences on the issues of lawsuit model, the procurator＇s discretion, prosecution principles, which has led to the different situations of plea bargaining in common law countries and civil law countries. It is available for China to establish suitable disposal procedures of cases with guilty plea.