“辩诉交易”作为一种日趋普适的制度现象已引起我国学术界与司法实践部门的广泛关注。就移植“辩诉交易”制度所必须关注的外围层问题,即支持其正当运作的观念条件和制度条件。观念条件包括协商观念和人文观念;制度条件包括控方自由裁量权的扩大和检察官素质的提高,赋予被告人沉默权、确立非法证据排除规则、侦查警察与看守警察分离、加强律师的诉讼参与、建立证据开示制度以及审方中立的要求。 Plea bargaining as an increasingly universal phenomenon has aroused widespread concern in academia and judicial practice in our country. It is necessary to pay attention to the peripheral layer issues that we must pay attention to in transplanting the system of “plea bargaining”, that is, the concept and system conditions that support its proper operation. The concept and conditions include the conception of consultation and the concept of humanity. The institutional conditions include the expansion of the prosecutor’s discretion and the improvement of the quality of prosecutors, the right to silence the accused, the rule of excluding illegal evidence, the separation of the investigating police from the guardian police and the lawyer’s participation in lawsuits , The establishment of evidence discovery system and the requirement of trial-neutrality.