论文部分内容阅读
辩诉交易源于美国刑事诉讼程序,并普遍适用发展于外国,但在中国可否适用,法学界和司法界人员看法多有歧见。有的认为中国现行刑事诉讼程序的简易程序也不是多么简易,可以引用辩论交易程序代替;也有的认为我国法律制度的目标正义为首,效率其次,若引用辩论交易会有损公正,破坏司法威严。作为一项在美国亦存在重大争议的诉讼制度,辩诉交易是否符合我国社会主义法的价值观,并具备移植入我国刑事诉讼程序中的现实可能性,本文提出了看法。
Plea bargaining stems from the criminal procedure in the United States and is generally applicable to foreign countries. However, it is applicable in China. There are many differences between jurisprudence and judicial personnel. Some people think that the summary procedure of the current criminal procedure in China is not so simple. It can be cited as a substitute for the transaction procedure of the debate. Others think that the legal system of our country is the target of justice and the efficiency. Secondly, if the quotation of a debate is used, it will undermine justice and undermine the dignity of the judiciary. As a litigation system that is also a major controversy in the United States, whether the plea bargaining conforms to the values of our socialist law and has the realistic possibility of being transplanted into our country’s criminal procedure, this article puts forward some views.