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辩诉交易是国外的一项基本的刑事诉讼制度,它在刑事犯罪案件不断飙升的背景下产生,在提高结案效率,减少诉讼成本方面都起到了积极作用。因此辩诉交易制度作为彰显刑事诉讼效率价值的制度设置,越来越受到各国的重视。但是这一制度在追求效率的同时不可避免的增加了诉讼风险,使得追求公正有所折扣。如何平衡效率与公正的问题就成了我们今天所要面临的问题。与此同时,我们还不得不面对我国的司法体制与国外司法体制存在根本不同这一问题。
Plea bargaining is a basic system of criminal procedure abroad. It has arisen against the backdrop of soaring crime cases and has played an active role in raising the efficiency of the case filing and reducing litigation costs. Therefore, plea bargaining system as a system to demonstrate the value of the efficiency of criminal proceedings, more and more attention by all countries. However, this system inevitably increases the litigation risk while pursuing efficiency, making the pursuit of fairness a discount. How to balance the issue of efficiency and fairness has become a problem that we must face today. At the same time, we also have to face the issue of the fundamental difference between the judicial system in our country and that of the foreign judicial system.