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发现案件的客观真实是刑事诉讼所追求的首要和主要目的,法庭审判选择哪种诉讼模式取决于其是否能够实现客观真实。在这方面北美国家纯粹的对抗制表现出严重缺陷,由陪审团进行审判甚至会加深这些缺陷。在北美刑事诉讼中占据支配地位的辩诉交易制度,由于取消了以公开和言词审理为中心的庭审方式,使得刑事诉讼脱离了其所追求的客观真实目的,而转向仅仅证明谁能在诉讼中取胜。这不仅在理论上破坏了北美刑事诉讼的公正性,而且导致了刑事诉讼实践中的根本改变。但是,正是辩诉交易存在的这些可疑却很有诱惑力的影响,使得北美的刑事诉讼模式对于欧洲当代的刑事诉讼改革有着如此大的吸引力。
The objective and truth-finding of the case is the primary and primary goal pursued by the criminal procedure. The type of lawsuit mode chosen by the court depends on whether it can achieve objective truth. The purely antagonistic regimes in North America have shown serious shortcomings in this regard. Trials by juries can even deepen these deficiencies. The plea bargaining system, which dominates the criminal proceedings in North America, has turned away from the objective and objective pursuit pursued by criminal prosecution because of the abolition of the court trial centering on publicity and court hearings, and turned to merely proving who can win the lawsuit . This not only theoretically undermined the fairness of criminal proceedings in North America, but also led to fundamental changes in the practice of criminal proceedings. However, it is these tempting and tempting influences that exist in plea bargaining that have made North American models of criminal litigation so appealing to contemporary European criminal lawsuit reforms.