“辩诉交易”纵横论

诉辩交易产生于上世纪二三十年代的美国。采取辩诉交易可以使被害人因犯罪行为而遭受的损失早日得到补偿,也有利于修复被犯罪行为破坏的和谐关系。当然辩诉交易也有局限性,有时不利于查明案件事实真相,也有可能损害被害人的利益,也有可能有悖司法公正。尽管我国目前不存在引进美国式辩诉交易的环境,但这并非是说我国不能借鉴于辩诉交易,扬长避短一样可以为司法实践服务。

Comprehensive Study of "Plea Bargaining"

Plea bargaining dates back to the 1920s and 30s in the United States, which is beneficial for the compensation of the victim's losses as well as repairing the rapport damaged by criminal acts. It also has its limits in that it sometimes hinders the identification of the facts of cases and may do harm to the victim' s interests and thus go against judicial justice. Though the environment for the introduction of the American style of plea bargaining, it does not mean that there is no possibility of making use of it for benefit of judicial practice in our country.