被追诉人程序参与权的保障救济机制――以审判阶段法院侵犯被追诉人程序参与权为视角

Relief mechanism of the procedural participation right of the accused: A study in the perspective of the violation of the procedural participation right of the accused by the court during the trial

对于审判阶段人民法院侵犯被追诉人程序参与权的行为,我国规定了检察机关的监督和法院的上诉两种救济方式,但这两种救济方式均难以实现救济的目的。我国要解决法院侵犯被追诉人程序参与权的救济问题,出路在于建立独立的程序性上诉机制。

As for the violation of the procedural participation right of the accused by the court during the trial, the relevant law of our country stipulates two kinds of relief means, procuratorial supervision and the appeal of the court. However, the two means cannot achieve satisfactory results. The solution relies on the establishment of an independent procedural appeal mechanism.