法院主动启动刑事再审的范围

On the Scope of Criminal Cases Whose Retrial Procedure Can BeActively Instituted by a People's Court

划分法院主动启动刑事再审的范围 ,不能以是否有利被告为标准 ,而应以是否因审判行为瑕疵导致生效裁判错误为标准。不能把原审法官合理的自由裁量视为错误 ,不能不顾诉讼成本对有审判行为瑕疵的案件一律再审。原审有瑕疵的审判行为因其指向的权利主体明确真实地同意而被除却瑕疵的 ,则不应启动再审纠错。

The scope of criminal cases whose retrial procedure can be actively instituted by a people's court should be defined according to the defects in the previous trial behaviors instead of benefits of the defendant. It is improper to regard a reasonable free judgement as an error or to retry a case only because there was a defect in the previous trial behaviors. Because the defects in the previous trial behaviors may be gotten rid of by the relevant right subject's agreeing on them definitely and truly, retrial may not be needed.