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辩诉交易制度作为一项特殊的刑事司法制度,近年来受到我国刑事法学界的持续关注。在我国是否应当建立辩诉交易制度这一问题,学者们众说纷纭,并都列举各种理由。辩诉交易与我国法律传统文化、诉讼模式、诉讼制度具有内涵一致性,因而具备了移植的可行性。同时,我国也应充分考虑诸如无罪推定、社会正义等实行辩诉交易制度之代价。为此,我国对辩诉交易应持理性思辩之态度,不应停留在讨论的层面,而应大胆将其付诸实践,不断探索,以建立适合中国国情的辩诉交易制度。
Plea bargaining system as a special criminal justice system, in recent years by the criminal law community continued to pay attention. Scholars have different opinions on whether to establish a system of plea bargaining in our country and all cite various reasons. Plea bargaining with the traditional legal culture of our country, litigation mode and litigation system have the connotation connotation, and thus have the feasibility of transplantation. At the same time, our country should give full consideration to the cost of plea bargaining system such as presumption of innocence and social justice. For this reason, our attitude toward plea bargaining should not remain at the level of discussion. Instead, we should boldly put it into practice and keep exploring to establish a system of plea bargaining suited to China’s national conditions.