中国刑事审级制度的反思与重构——基于法理学的视角

Reflection and Reconstruction of the Criminal Trial Grade System in China:Based on the Perspective of Jurisprudence

两审终审制虽有利于节省司法资源,提高司法效率,但却是建立在有害司法公正的基础上,存在诸多体制性弊端。为最大限度地实现正义与效率的兼顾,保障刑事诉讼之惩罚犯罪和保障人权之目的,需要从法理学的视角剖析刑事审级制度,并通过三审终审的制度设计,实现当事人的复审救济权,避免申诉、审判监督等复查程序对刑事审级制度的侵蚀和瓦解。

Although two-final trial system is in favor of saving judicial resources and improving efficiency, it was established on the basis of harming judicial justice with various systematic disadvantages. Therefore,to realize justice and efficiency to a maximum degree and to ensure the purpose of punishing the criminals and protecting human rights, the criminal trial grade system should be analyzed from the perspective of jurisprudence, thus to realize the retrial remedy of the client, and avoid the erosion and collapse on criminal trial grade system by the retrial proceedings such as stating, adjudication supervision and etc. through the design of three-final trial system.