论文部分内容阅读
“辩诉交易”是美国一项特色刑事司法制度,它节约诉讼成本、提高诉讼效率,使有限的司法资源得到了充分利用。建立在美国特殊的司法文化传统基础上的辩诉交易制度,在美国刑事诉讼制度中产生了积极地意义。很多人提倡把该制度引入我国的刑事诉讼领域,以其完善我国的刑事司法制度。但无论在理论还是实践中,辩诉交易产生的基础,当事人主义诉讼理念和模式是我国所不具备的。因此,作为符合美国国情的辩诉交易制度在我国进行移植,仍然存在着许多不可忽视的障碍等待人们去解决。
“Plea bargaining” is a characteristic criminal justice system in the United States. It saves the cost of litigation, improves the efficiency of litigation and makes the limited judicial resources fully utilized. The system of plea bargaining based on the special judicial culture of the United States has had a positive meaning in the system of criminal procedure in the United States. Many people advocate the introduction of this system into the criminal lawsuit field of our country so as to improve our criminal justice system. However, both in theory and in practice, the basis of plea bargaining and the doctrine and mode of litigant litigation are not available in our country. Therefore, as a system of plea bargaining that conforms to the national conditions of the United States, it is still a problem we can not ignore waiting for people to solve it.