人民法院刑事申诉审查程序的构建

The Construction of Review Process of Criminal Appeal by People's Court

刑事申诉审查程序是整个申诉制度良好运行的关键环节,是刑事冤假错案得以平反的制度保障。然而我国《刑事诉讼法》对其规定处于缺失状态,相关司法解释也不成体系,导致司法实践中各地申诉审查程序各异,无统一的适用规范。构建规范化的人民法院刑事申诉审查程序势在必行,应依照"申诉立案前的审查、申诉立案后的审查、申诉审查终结"这三阶段构建申诉审查程序,在立案审查标准的形式审查、审查方式中引入听证和审查终结回归二分这三方面予以明确。

Review process of criminal appeal is the key link of the appeal system operation and the system guarantee of the criminal justice wrongs to rehabilitate. However, in China Criminal Procedure Law, the rules of review process of crimi- nal appeal are in a state of absence. Furthermore, the relevant judicial interpretations are not systematic. This leads to differ- ent review processes in different areas in the judicial practice, and there are not uniform norms. It is imperative to construct standardized review process of criminal appeal by People＇s Court, and should be in accordance with the reviewing before fil- ing, reviewing after filing and end of review. Meanwhile, formal examination in standard of filing, leading the hearing sys- tem into the way of review, and returning to the binary in the end of review should be clear.