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辩诉交易是20世纪以来在美国发展起来的一种新的刑事诉讼模式。虽然制度本身极具争议性,但辩诉交易还是在各种非议和反对声中发展并完善起来。由于顺应了效率观的要求,仅经历了短短半个世纪的时间,该项制度就从产生到发展成为美国刑事诉讼制度的基石。本文拟在对国外辩诉交易制度进行研究的基础上,借鉴其合理内容,结合我国国情,论证应当建立我国的辩诉交易制度。
Plea bargaining is a new form of criminal litigation developed in the United States since the 20th century. Although the system itself is highly controversial, plea bargaining still develops and improves in all kinds of criticisms and oppositions. Due to the conception of efficiency, it took only half a century to go through the system, which was the cornerstone of the system of criminal procedure in the United States from its birth to its development. Based on the study of the foreign plea bargaining system, this article draws on its reasonable content and combines with the national conditions of our country, arguing that the system of plea bargaining in our country should be established.