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对辩诉交易制度的本土化扬弃,使其能与中国现行司法制度接轨并有节制地应用,已逐渐成为刑事诉讼领域一个热门问题。本文立足于我国现行的司法制度框架,本着扬长避短的实证主义立场,从六个方面论述了辩诉交易本土化过程中面临的主体困境及主体之间合理关系的构建模式。
The sublation of the plea bargaining system in the country so that it can be used with the current judicial system in China and applied in a controlled manner has gradually become a hot issue in the field of criminal procedure. Based on the current framework of judicial system in our country and based on the positive and weaknesses of the positivist position, this article discusses the dilemma of the main body in the process of localization of plea bargaining and the mode of constructing the reasonable relationship between the main bodies from six aspects.