浅析辩诉交易制度及其在我国的确立

Plea Agreement and Its Establishment in China

辩诉交易是美国刑事诉讼文化的重要组成部分,有高效、实用、民主等特色。当今世界各国都面临着社会犯罪压力巨大和司法资源有限的两难处境,众多国家,包括一部分大陆法系国家转而借鉴美国的辩诉交易制度,并在实践工作中取得了良好效果。在社会转型时期,中国具备了适用辩诉交易制度的司法环境,建立一套适应我国国情的行之有效的、具有中国特色的辩诉交易制度是极为重要的。

As an important part of its criminal procedure, American plea bargaining system is efficient, practical and democratic. Now the various countries all is facing the social crime pressure huge and the judicial resources limited is in a dilemma the situation, the multitudinous countries transfer including a part of mainland legal system country profit from US to explain the transaction system, and has obtained the good effect in the practice work. In the social reforming time, China had has explained the transaction system suitably the judicial environment, indeed it with the present criminal law in place of certain basic principle existence conflict, but speaking of our country at present criminal judicature practice, the establishment of a plea bargaining system with Chinese characteristics is now both necessary and feasible.