产生于美国并以美国最为发达的辩诉交易（Plea bargaining）制度是指法官对控辩双方达成的定罪量刑协议予以正式审查并予以确认的简易审判程序。大陆法系国家也参照美国的“辩诉交易”模式确立了自己的特殊简易程序,如德国的“诉讼协商”,意大利的“依当事人的要求适用刑罚”程序。我国司法机关由于受刑事案件不断增长而司法投入严重不足的巨大压力,在实行普通程序简易化改革中开始关注“辩诉交易”制度,中国辩诉交易第一案于2002年4月11日在牡丹江铁路运输法院作出。①这种冒着违反刑事诉讼法的风险而进行的司法实践,引起了诉讼法学界和司法界的广泛关注。尽管最高人民检察院权威人士明确 Plea bargaining system, which is the most developed in the United States and the most developed in the United States, refers to the summary trial procedure in which the judge formally examines and confirms the criminalization and sentencing agreement reached between the prosecution and the defense. Civil law countries also set their own special summary procedures in the light of the “plea bargaining” model in the United States, such as the “litigation negotiation” in Germany and the “application of penalties at the request of the parties” in Italy. Due to the tremendous pressure caused by the serious lack of judicial input due to the increasing criminal cases, our judiciary has begun to pay attention to the system of “plea bargaining” in the simplification of ordinary procedures. The first case of China plea bargaining was held on April 11, 2002 in Mudanjiang Railway Transportation court made. (1) This kind of judicial practice, which runs the risk of violating the criminal procedural law, has aroused widespread concern in the litigation jurisprudence and judiciary. Although the Supreme People’s Procuratorate authorities clear