刑事申诉案件复查中司法瑕疵认定问题

Judicial Defects Identification Problems in Criminal Appeal Cases Review

以刑事申诉检察业务为立足点,着力于司法瑕疵的研究,结合复查刑事申诉案件中发现的司法瑕疵展开论述,从刑事申诉案件中司法瑕疵的认定、产生原因、危害后果以及如何预防司法瑕疵的产生和司法瑕疵处理的补充完善意见入手,以期为刑事申诉案件中司法瑕疵的科学认定提供理论支撑。

On August 28th 2014 Measures of People＇s Procuratorate on Dealing with Judicial Defects （ Trial） （hereinafter referred to as Method of Disposition） formally announced the implementation. The group studied the Method of Disposition and found the provisions on the identification of judicial flaws are not specific and the operability is poor in the process of implementation of litigation supervision exercised by the People＇s Procuratorates. So combined the actual work with the understanding of the method of disposition the group chose the topic as the preliminary study. Based on criminal complaint procuraton￡il work as foothold, the group focuses on the research of judicial flaw, combined with judicial flaw found in the review of criminal appeal cases. Mainly from the identification, causes and harm consequences of judicial flaw in criminal complaint cases, and how to prevent the judicial flaw and the improvement of judicial flaw treatment, they c￡in provide theoretical supports to the scientific identification of judicial flaw in criminal complaint case.