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辩诉交易制度产生于美国,至今已经有一百多年的历史,已由当初的秘密状态转变到由明文法律加以确定,由最初的随意性较大发展到比较规范的成熟而且具有可操作性的司法制度,并在司法实践中获得了极大成功,具有极高的社会认可度,同时这一制度也在世界范围内得以推广开来,为多数国家所采用。当前,这一具有世界范围影响力的法律制度已经渗透到我国的司法实践中来,这一制度必将对我国的司法实践和立法以及民众切身利益产生极大的影响。本文指出从检察机关来角度看,辩诉交易制度也必将对其自侦案件的侦查及起诉产生直接的影响,因而有必要探讨辩诉交易制度在我国刑法司法实践中尤其是对检察机关办理自侦案件的影响及其意义。
The system of plea bargaining originated in the United States. It has been more than a hundred years old and has been transformed from the original state of secrecy to that specified by the express law. From the initial arbitrariness to the maturity and operability The judicial system has achieved great success in judicial practice and has a very high degree of social acceptance. At the same time, this system has also been promoted around the world and adopted by most countries. At present, this legal system with worldwide influence has infiltrated the judicial practice in our country. This system will surely exert a tremendous influence on our country’s judicial practice and legislation as well as the vital interests of the people. This article points out that from the prosecutor’s point of view, plea bargaining system will also have a direct impact on the investigation and prosecution of self-detection cases. Therefore, it is necessary to discuss the system of plea bargaining in China’s criminal justice practice, especially for prosecutors handling self-detection The Impact of Cases and Its Significance.