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近年来,中国面临着与日俱增的诉讼压力。美国的辩诉交易制度也是在这种背景下产生并被合法化,但是这一制度在美国有着其独特的理论和制度背景。中国的“坦白从宽”制度、“附条件不起诉”制度、简易程序、刑事和解等都或多或少有着辩诉交易的精神,而且新刑诉法修改的内容涉及到的诸多内容都体现着对犯罪嫌疑人或者被告人的人权的保障,减弱了检察院对诉讼的控制有所减弱,增加了诉讼风险,为控辩双方的“交易”提供了可能性。同时,“中国式契约观”在随着经济发展的过程中也逐渐渗透到公法领域,奠定了辩诉交易制度引入我国的基础。
In recent years, China is under increasing litigation pressure. The system of plea bargaining in the United States is also born and legalized in this context, but this system has its unique theoretical and institutional background in the United States. China’s system of “admitting leniency” and “conditional non-prosecution” system, summary procedure and criminal reconciliation all have more or less the spirit of plea bargaining, and the content of the amendment of the new criminal procedure law involves many The contents all reflect the guarantee of the human rights of the criminal suspects or the defendants, weakened the control of the procuratorate on the litigation has weakened, increased litigation risk, and provided the possibility for the “transaction” between the prosecution and the defense. At the same time, “Chinese-style contract view ” has gradually infiltrated into the field of public law as the process of economic development, laying the foundation for the introduction of plea bargaining system into our country.