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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。
The plea bargain was originated in the United States in the 1920s and 1930s. Adopting plea bargaining can make the victims suffer losses as soon as possible due to criminal acts, and also help to repair the harmonious relationship ruined by crimes. Of course, there are limitations in plea bargaining. Sometimes it is not conducive to ascertaining the facts of the case, it may also harm the victim’s interests and may also be contrary to judicial fairness. Although there is no environment for the introduction of American-style plea bargaining in our country at present, this does not mean that our country can not rely on plea bargaining and can play its part in serving judicial practice.