刑事诉讼法再修改视野下的二审程序改革

The Second Instance Reform from a Perspective of the Remodification of Criminal Procedure Law

我国刑事二审程序在惩罚犯罪和保障人权方面发挥了重要作用,但在权利救济和保障公正方面的功能尚未完全发挥出来。《刑事诉讼法修正案(草案)》对二审审判方式、发回重审以及审理期限等制度进行了改革,但是力度明显不够。为充分发挥二审程序的功能,应当坚持全面审查原则、扩大开庭审理的范围、完善上诉不加刑原则、改革发回重审制度、创建当事人和解制度。惟有如此,刑事二审程序才能更加民主化、法治化、科学化。

Criminal procedure of second instance in our country has played an important role in punishing criminals and protecting human rights.However,its functions in rights remedy and fairness guarantee have not yet been performed totally.The Draft Amendment to the Criminal Procedure Law has reformed the mode of trial in second instance,the remand for retrial system and the trial time limit system,etc.But the reform is not obviously strong enough.In order to give full play to the function of second instance,it is supposed to stick to the principle of complete review,to enlarge the scope of court sessions,to improve the principle of no aggravating punishment on defendants for appeals,to reform the remand for retrial system and to establish the system of criminal reconciliation between parties.Only in this way can we make criminal procedure of second instance more democratic,legalized and scientific.