论刑事申诉程序与人权保障——关于刑事申诉改革的思考

Criminal Petition and Human Rights Protection——About the Reform of the Criminal Petition

刑事申诉,作为刑事再审程序的启动方式之一,对于刑事再审程序有着重要意义。刑事再审程序的改革,自然也离不开刑事申诉的改革。一个完善的刑事申诉程序,必然是以保障人权为出发点,将一事不再理原则作为基础理念,在保持既判力的基础之上维护法律的正义。然而,我国刑事诉讼法规定的申诉与国际公认的准则相比还存在着巨大的差距。文章对刑事申诉改革的各个方面进行了探讨,以使其更趋于合理和科学。

Criminal petition, as one of the startups of the criminal re - open trail procedure, is of great significance to it. Naturally, the reform of the criminal re - open trail is inseparable from the reform of the criminal petition. A perfect criminal petition procedure is in on doubt based on the human rights protection as a starting point, the double jeopardy as a fundamental principle, Res Judicata as a foundation of safeguarding legal justice. However,there is still a huge gap between the criminal procedure law of our own country and internationally recognized norms. Therefore, the said article has presenced us a research and examination to all aspects of reform of crhninat petition, to make it more rational and scientific.