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公正和效率是当前我国刑事诉讼追求的价值体现,而美国的辩诉交易制度以其操作简单灵活、成本低、效率高的特点,对实现这一价值起到了很好的借鉴作用,其他各国也纷纷引入这种制度。我国在引入该制度时遇到一些障碍性因素,如公诉案件中控辩审三方的地位问题等,如何排除这些障碍性因素,建立起适合我国的辩诉交易方式是本文讨论的重点。
Justice and efficiency are the values of pursuit of criminal proceedings in our country at present. However, the system of plea bargaining in the United States plays a very good reference role in realizing this value with its simplicity, flexibility, low cost and high efficiency. Other countries also have Introduced this system. China introduced some obstacles in the introduction of the system, such as the status of prosecutors accused in the prosecution case, how to rule out these obstacles and establish a plea bargaining method for our country is the focus of this article.