论刑事审判监督程序的提起

The Bringing Up of Supervisory Procedure for Criminal Adjudication

目前我国审判监督程序的提起受到的限制很少 ,这在一定程度上会影响对判决既判力的维护 ,并进而影响司法的权威和被告人的权益。刑事诉讼中应树立审判监督程序是一事不再理原则例外的新理念 。

Presently the limitations on the bringing up of adjudicative supervisory procedure of China is very scanty. Such a fact can in a certain degree influence the maintaining of the convicting force of judgement, and affect the authority of jurisdiction and the right and benefit of defendants. The establishment of adjudicative supervisory procedure in criminal suit is a new concept of exception to the principle of no repeated dealing with one and the same matter. It is necessary to put strict limitations on the bringing up of the procedure of adjudicative supervision.