日本刑事非常救济程序评析及借鉴

Comments on and Lessons from Japanese Criminal Special Relief Procedures

刑事非常救济程序是刑事诉讼的最后一道屏障,其设计的科学与否直接关系着刑事审判的质量和程序的公正。日本的刑事司法制度独具特色,其程序设计有不少值得借鉴的因素。比较研究中日刑事非常救济程序,可以为我国刑事审判监督制度的进一步完善提供可借鉴因素。

Criminal special relief procedure is the last protective instrument in criminal litigation. The appropriate- ness of its design has direct bearings on-the quality of criminal judgments and the justice of the proceedings. The distinctive Japanese criminal judicial system contains many elements in its procedural institution from which much can be learned. As China is currently undertaking reforms in its trial supervision procedure, an experience study of the Chinese and the Japanese criminal special relief procedures is timely and will contribute to the perfection of the criminal trial supervision mechanisms in China＇s legal system.