公正、效率与审级制度改革——从刑事程序法的视角分析

Justice, Efficiency and the Reform of Trial Grade System——an Analysis from the angle of criminal procedural law

审级制度在刑事司法体系中具有至关重要的作用。我国现行的审级制度由于先天设计失调 ,无法满足国民对于公正的诉求 ;加上后天运行失范 ,其力图实现效率的愿望也化为泡影 ,造成了公正和效率的两败俱伤。中国目前的审级制度已经丧失了正当性 ,必须从“公正优先 ,兼顾效率”的原则出发建构符合世界审级制度发展趋势的三审终审制的审级制度。

Trial grade system plays an important role in criminal justice. Due to the unreasonable design, the existing trial grade system of China cannot meet the requirement of citizens' pursuit of justice. In addition to the illegal practice, realizing efficiency became a visionary hope. This made justice and efficiency internecine. The existing trial grade system of China has lost its justice. To construct a system whereby the third instance is final, which conforms with the world trend of trial grade development, the principle of 'giving priority toJustice and giving attention to efficiency as well' must be adhered to.