辩诉交易制度在我国刑事诉讼中适用的辩证思考

在客观分析辩诉交易制度产生背景和现实作用的前提下,结合我国刑事诉讼的特点,提出这一制度将会给我国司法改革带来的促进作用,同时也指出伴随其作用可能产生的弊端。认为我国应该在司法改革的进程中逐步适用辩诉交易制度,并提出了适用这一制度的几点设想和应做好的相关准备工作。

A dialectic analysis of the feasibility of the plea bargaining regime being adopted in the criminal litigation in China

This thesis provides an objective analysis on the background in which the plea bargaining regime came into being as well as its practical functions.By relating to the characteristics of the criminal litigation in China,the thesis expounds both the benefits and the drawbacks that may be brought to the domestic judicial reform.It also points out that the plea bargaining regime should be adopted gradually during the process of the domestic judicial reform,meanwhile contributing several feasible proposals as well as some suggestions on the preparations that need to be made before the plea bargaining regime is effectively implemented.