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辩诉交易作为美国刑事诉讼的基本组成部分为美国提高诉讼效率起到了很大的作用,对我国减少案卷积压、提高诉讼效率提供了启示。但是辩诉交易作为西方文化的衍生品与我国的传统理念产生了很大的冲突。本文就辩诉交易的含义和渊源、辩诉交易的内容、我国传统理念对施行辩诉交易的障碍以及辩诉交易本土化的制度探究四个方面对我国进行辩诉交易的移植进行了论述。
Plea bargaining, as a basic part of the criminal lawsuit in the United States, has played a significant role in the United States in raising the efficiency of litigation and has provided enlightenment to our country in reducing the backlog of files and improving the efficiency of litigation. However, plea bargaining as a derivative of western culture has had a great conflict with our traditional concept. This article discusses the meaning and origins of plea bargaining, the content of plea bargaining, the traditional concept of our country, the barrier of plea bargaining and the system of plea bargaining.