创建中国式辩诉交易之构想

The Conception of Establishing Chinese Plea Bargaining System

辩诉交易是源于美国的一项独特的司法制度,自2002年4月11日辩诉交易首次亮相我国法庭以来,国内对其展开了激烈的讨论。笔者认为,辩诉交易不失为我国刑事诉讼改革的方向之一,有必要从理论上对其进行深入探讨。

The plea bargaining, which originated from America, is a special justice system. It resulted in heated discussion in our country as it appeared in China on April 11th, 2002.The author regards it as one of the reforms of Chinese Criminal Procedure Law. It is necessary to further the discussion about it in theory. This essay aims to consider some aspects as cultivating the justice environment of establishing Chinese plea bargaining system, the principles and the concrete system design to establish Chinese plea bargaining system.