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辩诉交易是指在刑事诉讼中法院开庭审理之前,提起控诉的检察官为了换取被告方做有罪答辩,以减轻败诉风险,从而提供比原来指控更轻的罪名指控或者减少指控罪行,或者允诺向法官提出有利于被告人的量刑建议为条件,与被告方及其律师进行协商谈判而形成的一种司法制度。本文认为辩诉交易制度不仅应当移植和进行本土化改造,而且,它必将在我国生根、发芽,并最终成为我国法治和人权进步事业的重要保障性机制。
Plea bargaining refers to the prosecution before the court in criminal proceedings, prosecutors prosecuted in exchange for defendants plea guilty plea to reduce the risk of losing the case, thereby providing less allegations than the original allegations or reduce allegations of allegations, or promised to judge Put forward a kind of judicial system that is conducive to the sentencing suggestion of the defendant and negotiates and negotiates with the defendant and his lawyer. This article argues that the system of plea bargaining should not only be transplanted and localized, but also be rooted and sprouted in our country and eventually become an important guarantee mechanism for the progress of our country’s rule of law and human rights.