论文部分内容阅读
辩诉交易作为一项产生并盛行于美国的刑事司法制度,以高效率著称,并迅速的向其他国家蔓延。近年来,我国司法理论界和实务界也开始展开对该制度进行研究探讨,并对是否引进产生了不同的声音。本文认为,对于是否应当引入辩诉交易制度,应该首先弄清其来龙去脉、外部环境及在本土国家的实际运行情况,再结合我国的国情和具体司法环境,才能就该制度是否值得被我国借鉴并引入做出理性的判断。
Plea bargaining, known as a criminal justice system born and prevailing in the United States, is known for its high efficiency and is rapidly spreading to other countries. In recent years, China’s judiciary circles and practical circles have also begun to carry out research on this system and have different voices about whether or not to introduce them. This article argues that whether the system of plea bargaining should be introduced should first of all be elucidated on its historical background, its external environment and the actual operation in its home country. In combination with our national conditions and specific judicial environment, we can learn whether this system is worthy of being borrowed by our country or not Make a rational judgment.