关于完善我国刑事审判监督程序的思考

Reflections on the Procedure for Supervision upon Criminal Jurisdiction

审判监督程序作为一种特殊救济程序,是一把双刃剑,有积极和消极两面。经过调研发现,我国的再审制度存在种种弊端:申诉多,申诉难,缠诉缠访,反复申诉,导致诉讼秩序混乱;再审理由过于简单,可操作性差,导致无限再审,造成司法资源的巨大浪费;终审裁判的稳定性和既判力受到影响,被判决人权利得不到很好保障,等等。改革应着重把握好如下问题:引入有限的禁止双重危险原则,确保实体公正与程序公正、惩罚犯罪与保障人权平衡;区分有利于被判决人的再审和不利于被判决人的再审,并分别设计相对应的再审理由;限定申诉主体和申诉期限,在一定程度上解决缠诉缠访、反复申诉问题,等等。

Procedure for supervision upon jurisdiction as a special remedy procedure is a double-edged sword and has its positive and negative aspects. After careful research, we find that the retrial system in China has many defects, which need to be reformed. The concept of ＂seeking truth from facts and finding out every possible mistake＂ must be changed and limited prohibition of dual danger principle shall be introduced to ensure the justice of substance and procedure and keep a balance between crime prevention and detection and human rights protection. The reasons of appeal need to be clarified as those in favor of the accused and those against the accused. The subject and period of appeal shall be defined in order to solve the problem of repeated appeal.