辩诉交易中国化应予缓行——以契约观为视野

契约观念是辩诉交易制度生成与发展的文化基础,是这一制度在争议不断的责难声中仍然弥久不衰的内在动力。只有在弘扬契约精神、尊重社会价值多元化的国度,才能培育和支持辩诉交易制度的运行。从契约观的视角不难看出,辩诉交易中国化应予缓行;其在中国的移植与引进,当须诸方面促就国人契约观念之积淀。

The Adoption of Plea Bargaining Should be Slowed Down in China——with reference to the notion of contract

As the cultural foundation for the generation and development of the plea bargaining system, the notion of contract is the inherent drive for the sustaining development of the plea bargaining system under the situation of being consistently censured. Only in the countries that the spirit of contract is carried forward and diversified social values are respected can the operating system of plea bargaining be cultivated and supported. With reference to the notion of contract, it can be easily predicted that the adoption of plea bargaining should be slowed down in China. To transplant and introduce the system of plea bargaining into China, notion of contract must be improved nationally.