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在司法理论界,对辩诉交易制度的争议一直未断,这种近似于“私了”的做法被美国比较法学者批评为“等于是对控制犯罪的正当程序模式的根本背离。”随着我国社会转型以及加入WTO后,我国的刑事审判方式也走到了改革的风口浪尖。对于各法系制度的借鉴和移植不可避免,但存在的诸多差异,使我们不能完全照搬照抄,必须立足于我国特色的社会背景之下,理性地以审慎的态度来吸收、借鉴美国关于辩诉交易制度的优秀方面,从而构建出我国刑事诉讼中的辩诉交易制度。
In the field of judicial theory, the dispute over the system of plea bargaining has not been interrupted. Such an approach similar to “private ” was criticized by American comparative law scholars as “a fundamental departure from the due process model of crime control.” "With the social transformation of our country and its accession to the WTO, the criminal trial methods of our country have also come to the forefront of the reform. The reference and transplantation of various legal systems are inevitable. However, many differences exist that make it impossible for us to copy them completely. We must base ourselves on the social background of our own characteristics and rationally and prudently to absorb and draw lessons from the United States on plea bargaining System, so as to construct the system of plea bargaining in criminal proceedings in our country.