从被害人角度看辩诉交易

利益衡平、对犯罪重在预防、公正与效率相协调、实体公正和程序公正并重是构建辩诉交易应有的理念。被害人应作为辩诉交易的主体享有广泛的辩诉交易权。国外辩诉交易存在对被害人利益保护不足的缺陷。中国引入辩诉交易应强化被害人作为辩诉交易主体的地位,扩充其辩诉交易权。有被害人的案件,非经被害人同意辩诉交易无效。

Plea-bargaining in the View of Criminal Victim

Plea-bargaining should be adopted in such ideas as keep balance of benefits; the first measure to cope with crime is to prevent it; keep a harmonious relationship between justice and efficiency; value substantial justice as highly as procedural justice. As a subject of plea-bargaining, a criminal victim should have extensive procedural rights of plea-bargaining. In other countries, one defect of plea-bargaining is that the victims' benefits are not protected well enough. If China transplants plea-bargaining, it is necessary to improve a victim's legal status, to extend a victim's procedural rights and to prohibit plea-bargaining violating a victim's will.