近来对“辩诉交易”的论争屡屡见诸于报端,特别在黑龙江省牡丹江市有关司法部门就孟广虎故意伤害案进行“辩诉交易”的做法公开报道后,对于“辩诉交易”在我国司法实践中的适用问题更引发了人们的“议论纷纷”。有人反对,有人赞同,也有人持折衷的观点。 反对者认为,在我国刑事诉讼程序中引入辩诉交易不仅有害无益,而且会毁掉我国司法建设所取得的成果,其理由主要有六个方面:第一,目前实行辩诉交易制度没有法律依据,违背了法制原则和司法公正;第二,违背了罪刑法定原则;第三,违背了重证据、不轻信口供原则;第四,违背了证明的标准即事实清楚、证据确实充分;第五,违背了无罪推定原则;第六,导致司法腐败,忽视被害人利益,使权钱交易表面化,使程序流于形式更甚。总之,辩诉交易不是解决疑案、积案的唯一方法,而且其带来的消极影响很大,不适合中国国情。 Recently, the debate on “plea bargaining” has been frequently reported in the newspapers. After the publicity was made about the “plea bargaining” of Meng Guanghu’s intentional injury cases in the relevant judicial departments in Mudanjiang City, Heilongjiang Province, the debates on “plea bargaining” in our country’s judicial practice The applicable problems have also caused people’s “discussion.” Some people object to it, some agree with it, others have a compromise point of view. Opponents argue that the introduction of plea bargaining in criminal procedure in our country is not only detrimental but also ruin the achievements made in judicial construction in our country. There are mainly six reasons for this. First, the current system of plea bargaining has no legal basis and violates the The principle of legality and judicial justice; second, contrary to the principle of legality of crimes; third, contrary to the heavy evidence, not credulous belief in the principle of the fourth; contrary to the standard of proof that facts are clear, the evidence is indeed sufficient; fifth, contrary to the The principle of presumption of innocence; sixthly, leading to the corruption of the judiciary, neglecting the interests of the victims, making the transaction of the power and money surfaced, and making the procedure flow more formally. In short, plea bargaining is not the only way to resolve suspicions and accumulate cases, and the negative impact it brings is not suitable for China’s national conditions.