大区巡回法院:一个现实主义的进路——以死刑复核程序为例的分析

District Circuit Court: An Approach of Realism——An Analysis Based on Death Penalty Review Process

法院对于社会纠纷解决有着至关重要的作用。然而,我国现有法院机构设置存在显著的缺陷,难以实现预期效果。以死刑复核程序为例,死刑复核权的回归带来了最高人民法院机构的膨胀,以书面审为主结合调查审的新方式并未能解决复核程序行政化的问题,纠正错案的制度设计预期也并未真正实现,集中复核还带来了申诉、上访问题的集中化。为了解决这些问题,合理化最高人民法院的机构设置,构建大区巡回法院以及听审程序的设计,是现实主义的改革路径。

The court plays an important role in resolving social disputes. However, because of the obvious defects in the court's structure nowadays, it can not perform well as expected. Taking the death penalty review process as an example, the power of death penalty review's return lead to the bloated organizations of the Supreme Court, the trial mainly by document as well as by inquiry could not solve the administration of the process or realize the expectation of averting erroneous judgments. Moreover, the centralized reviews brought the problem of centralized appeals and visits. In order to solve these problems, rationalizing the structure of the Supreme Court, constructing the district circuit court and hearing procedure are the reforming approaches of legal realism.