关于罪犯申诉、控告和检举若干问题研究

On Offenders’ Appeals,Accusations and Impeachments

申诉、控告和检举是公民的基本权利,也是罪犯的基本权利。现行《刑事诉讼法》《监狱法》对申诉权的规定不完善;而且有控告权异化为监督权、控告渠道不畅、处理罪犯控告违背中立原则等情况发生;以及存在检举人免受打击报复的权利得不到保障、无法获得检举结果的通知、缺少对检举人罪犯的物质奖励等问题。应明确行使申诉权的人员范围、申诉案件的受理机关;明确规定罪犯控告结果的告知,规定监狱无权处理罪犯的控告;畅通罪犯举报渠道,依法保护举报人,完善罪犯举报的奖惩制度。

Appeals,accusations and impeachments are the basic rights of both citizens and offenders.The provisions on the right to appeal tend to be inadequate in the prevailing Criminal Procedure Law and Prison Law.There are also situations in which the accusation right has been alienated as a supervision right,the channels for offenders to accuse have been obstructed,and the principle of neutrality has been bleached during the settlement of these accusations.What’s more,there are such issues as no guarantee for protecting the whistleblowers against retaliation and lack of either notification of the accusation results or material rewards for the offenders who have impeached.The scope of those who can exercise their appeal right and the authorities that can handle the appeal cases should be clearly defined.It should also be stipulated clearly that offenders shall be informed of the accusation results and the prison authorities shall have no right to handle the accusations made by offenders.Besides,the channels for offenders to impeach should be made smooth,the rights of the whistleblowers be protected and the reward mechanism for offenders’ impeachment be revised.