辩诉交易移植中国

指出辩诉交易制度在美国被广泛适用,但在理论界,是非之争非常激烈。辩诉交易无疑有利于提高诉讼效率,但却存在着损害司法公正之忧。大量的犯罪案件与有限的司法资源的矛盾,是我国与美国同样面临的问题,对辩诉交易制度进行理性移植是务实的选择。我国若要移植辩诉交易,就必须在刑事司法制度上进行相应的调整,建立具有中国特色的辩诉交易模式。

On Transplanting Into China the System of Bargain Through Argument

The system of bargain through argument is applied extensively nowadays in the United States, but in the theory field, issues and arguments still remain hardly to cease, bargain through argument is to be doubtlessly benefited to raise the litigation efficiency, but still remains the worries about the justice of the judiciary in the meantime. A great deal of crime cases going together with the limited judicial resources is the problem that both our country and the America are facing, resulting naturally in the practical choice of the system of the bargain through argument as a way out.Chain must have some adjustment over the existing criminal judiciary if the system of bargain through argument is introduced or transplanted into China