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从博弈论的角度来看,辩诉交易实质是控辩双方之间的讨价还价。各方基于自身利益的考虑,都有进行辩诉交易的意愿并且会作出“合作”的策略选择,从而迅速了结案件。只要法治环境良好,程序得当,辩诉交易不仅能够极大降低刑事诉讼成本,提高诉讼效率,从而使有限的司法资源得到充分合理的利用,被害人的利益得到较好的保障。而且有利于被告人回归社会,从而取得良好治理社会的效果。从某种意义上说,它在更大程度上实现社会正义。
From a game theory point of view, plea bargaining between the prosecution and the defense is the bargain between the two parties. All parties, based on their own interests, have the will to make plea bargaining and will make strategic choices of “cooperation” so as to promptly settle the case. As long as the rule of law environment is good and procedures are properly handled, plea bargaining can not only greatly reduce the cost of criminal proceedings and enhance the efficiency of litigation, so that the limited judicial resources are fully and reasonably utilized, and the interests of victims are well protected. But also conducive to the defendant return to society, so as to achieve good social governance effect. In a sense, it is to a greater extent social justice.