刑事诉权导入与侦辩交易可行性探讨

On the Possibility of Introduction of the Right of Action in Criminal Cases and Transaction between Investigation and Defense

全球化作为一种世界性的潮流,不仅仅限于经济领域,它以经济为发端,并辐射和延伸到政治、文化等多种领域。文化全球化不是指全球文化同质化或一体化,而是指世界各民族文化进行交流、碰撞、融合和互动的过程。文化全球化不等于西方化或美国化。全球化和本土化、一元化和多元化、普遍性和特殊性,及保持民族文化的价值追求、主权等,将构成一对相互作用的合理的悖论。

The transaction between investigation and defense stems from the transaction between accusation and defense. The criminal policy of leniency to those who confess their crimes, the criminal non - responsibility and the tainted witness immunity system indicates the transaction between investigation and defense, which is in accordance with law and is based on the legislative spirit. The transaction is beneficial to the investigation organ to get evidence to detect organized crimes and serious and complex crimes. It is also beneficial to the saving of judicial resources. So it is necessary to introduce the right of action, for its equality and disposition can lay a theoretical foundation for the transaction.