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源于美国的辩诉交易制度因其对诉讼效率的提高、诉讼资源的节约而倍受关注。对它的争议主要在于它是否违背了“无罪推定原则”和“罪刑相适应原则”、“公诉权”是否能被处分两个方面。本文从该制度的起源、演变着手,尝试对这些问题作答。并试图对“普通程序简易化审理”的审判方式作简单探讨。
Plea bargaining system originated from the United States has drawn much attention because of its improvement of litigation efficiency and saving of litigation resources. Its controversy mainly lies in whether it violates the “principle of presumption of innocence” and “the principle of coping with crime and punishment”, and whether “public prosecutorial power” can be punished in two aspects. This article starts from the origin of the system, evolves and tries to answer these questions. At the same time, it tries to make a simple discussion on the trial mode of “general procedure simplification trial”.