论文部分内容阅读
辩诉交易是控辩双方基于互惠而进行的一种契约行为。它能够有效节约司法资源,提高诉讼效率,但同样可能侵犯被告人的宪法权利、有违社会正义、引起权利寻租,其运行需要当事人主义诉讼模式、契约自由观念、实用主义哲学以及控辩双方的量刑建议权等几个条件。鉴于具体国情,建立和完善我国的辩诉交易制度必须解决包括构建保障机制、确立便宜主义诉讼原则、限制交易范围和内容、规范交易形式和程序以及健全救济机制等几个问题。
Plea bargaining is a contractual act conducted by both parties on the basis of reciprocity. It can effectively save judicial resources and improve the efficiency of litigation. However, it may also violate the constitutional rights of defendants, violate social justice, cause the rent-seeking of rights, require the litigation mode of litigation, freedom of contract, pragmatism and both prosecution and defense Sentencing suggestion right and several other conditions. In view of the specific national conditions, the establishment and improvement of China’s plea bargaining system must address several issues including the establishment of safeguards mechanisms, the establishment of the principle of cheap litigation, the limits on the scope and content of transactions, the standardization of transaction forms and procedures, and the sound relief mechanism.