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我国司法实践中对辩诉交易制度已有引用,但我国学术界对是否应引进这一制度存在着争议。根据我国目前的诉讼原则、制度和法制环境来看,辩诉交易不符合我国的法律精神和司法实际,也不是解决我国诉讼效率低、司法资源不足等问题的适当有效的手段。并且,我国引进辩诉交易还存在许多障碍。因此,中国现阶段不应当引进辩诉交易制度,辩诉交易在我国应当缓行。
There is a reference to the system of plea bargaining in our country’s judicial practice. However, there is a debate in our academic circles about whether this system should be introduced. According to the current litigation principles, systems and legal environment in our country, plea bargaining does not conform to the spirit of the law and judicial practice in our country, nor is it a proper and effective means of resolving the problems of low efficiency of litigation and lack of judicial resources in our country. And there are still many obstacles in our country to introduce plea bargaining. Therefore, China should not introduce plea bargaining system at this stage, and plea bargaining should be deferred in our country.