辩诉交易是一种在英美法系国家刑事诉讼中普遍采用的制度。这一制度的理论基础是现实主义的正义观和后现代主义的司法理念,它起源于美国,后广为传播,虽遭到许多的抨击,但仍能保持旺盛的生命力。辩诉交易制度对中国的法律建设具有的借鉴意义,已引起我国法学界的关注和讨论。本文指出在我国司法实践中虽然也存在着一定的辩诉交易,但有必要对我国的辩诉交易进行重新设计,提出条件,建立相关的制度与程序。只要规范得当,辩诉交易便能够发挥其应有的作用,在更大程度上实现社会正义。 Plea bargaining is a system commonly used in criminal proceedings in common law countries. The theoretical basis of this system is the realistic concept of justice and the post-modernist concept of justice. It originated in the United States and spread widely. Although it received many criticisms, it still maintained its vitality. The reference of plea bargaining system to the legal construction of China has aroused the concern and discussion of the jurisprudence of our country. This paper points out that although there is also some plea bargaining in our judicial practice, it is necessary to redesign the plea bargaining in our country, put forward the conditions and establish the relevant systems and procedures. As long as the norms are properly regulated, plea bargaining can play its due role and achieve social justice to a greater extent.