认罪协商,又称辩诉交易,辩诉交易制度的发源,兴盛地是美国。该制度产生后对很多欧美法系国家产生了深刻的影响。在大陆法系国家(地区),随着刑事程序法律的完善与刑事实体法律的发展,在处理案件的效率下降的同时,犯罪的外延不断扩大,刑事案件不断增加。(程序的正当化导致处理案件的效率下降,实体法律的发展引起刑事案件的增加。~①)在这样一个大的背景下,大陆法系国家(地区)也产生了类似于辩诉交易的制度,如德国的刑事协商制度,我国台湾地区的认罪协商制度。然而,一个有趣的现象是,几乎全部学者都认为案件太多,司法机关负担太大是产生认罪协商制度的主要原因。但是,本文认为,这只是问题的表面。根本的原因是法律在追求实质公正的过程中与非公正因素产生了矛盾,例如,公平与效率的矛盾。而认罪协商制度的产生,只是暂时缓和这种难以化解的矛盾。 Confession consultation, also known as plea bargaining, plea bargaining system originated, prosperously is the United States. The system has had a profound impact on many European and American legal systems. In civil law countries and regions, with the improvement of criminal procedural law and the development of criminal substantive law, the efficiency of handling cases has been declining. At the same time, the extension of crimes has been continuously expanded and the number of criminal cases has been constantly increasing. (The legitimacy of the procedure leads to a decrease in the efficiency of the handling of cases and the increase of criminal cases by the development of substantive law.) ① Against such a large background, civil law countries (regions) have also produced systems similar to plea bargaining, Such as the German system of criminal consultation, Taiwan’s plea bargaining system in China. However, it is interesting to note that almost all scholars think that too many cases and overburdened judiciary are the main reasons for the system of confession. However, this article argues that this is only the surface of the problem. The fundamental reason is that law conflicts with non-fair elements in the process of pursuing substantive justice, for example, the conflict between fairness and efficiency. The system of pleading guilty consultation is only to temporarily ease this difficult to resolve the contradiction.