关于“再审不加刑”的思考

Retrial against Punishment of Aggravation——An Analysis from Ideal to Institution

“再审不加刑”通过对刑事再审案件裁判结果的专门限定,以防止其任意发动,从而维护判决的既判力和权威性,保障刑事被告的基本人权,实现诉讼效益的最大化。而我国传统刑事诉讼囿于实体真实观念等窠臼对此原则未给予重视。为解决现行刑事再审制度中的种种弊端,我国应该参照两大法系的经验尽快确立这一原则。

The principle of retrial against punishment of aggravation shall limit the applicability of retrial to the lowest extent through technically confirming the outcome of criminal retrial judgment. Thus, it can avoid the randomicity of the retrial proceeding, keep the authority of judgments, protect the basic human rights of the defendant and realize the maximum efficiency of the lawsuit. It is a pity that Chinese traditional criminal proceedings did not attach any importance to the issue. To resolve the malpractice in current criminal retrial procedure, China should refers to the institution of Continental and Anglo-US System and establishes this principle as early as possible.