检察机关刑事申诉案件终结机制的路径选择

Path to Improving the Mechanism for Procuratorial Organs' Closing the Criminal Cases of Appeal

在司法实践中,伴随着公众法律意识的不断提高,寻求公力救济途径的不断扩展,广泛维护自身合法权益的力度不断增强,涌现出如浙江叔侄等申诉成功的案例,但是仍存在大量的重复申诉、滥用申诉权利等不理性申诉现象,不仅造成司法资源的浪费,也加大了检察机关控申部门工作人员的负担。因此,对现行刑事申诉制度进行改革,尤其是完善刑事申诉案件的终结机制已势在必行。

In judicial practice, with the continuously improved legal consciousness and extensive efforts to safeguard the masses＇ legitimate rights and interests , people are more likely to resort to public remedy from judicial organs and many successful appeals emerged, such as the unjust case involving an uncle and a nephew in Zhejiang province. Nevertheless, the existing irrational phenomena such as a too many repeated appeals, misuse of the appeal right have not only wasted judicial resources, but also greatly burdened the personnel in appeal departments of procuratorial organs. Therefore, it is imperative to reform the current criminal appeal system and improve the mechanism for closing the criminal cases of appeal.