审判监督的实践样态及反思

The Practice Pattern and Reflection of Trial Supervision

随着我国法治领域建设水平的不断提高,司法审判活动在社会生活当中逐渐占据着越来越重要的地位。在司法审判活动中,人们既要追求公正,也要追求效率,公正和效率的平衡成为判断司法审判活动是否顺利开展的基础。社会生活的复杂性决定了司法审判活动并不总是如愿地进行,这时,审判监督正好做了有效的补救,促进了我国法治体制的完善。在具体的实践过程里,审判监督对于不同主体有着不同的监督权边界。本文梳理了现行审判监督制度的问题,并试图通过反思,提出一套相对应的问题解决措施。

With the continuous improvement of the construction of legal field in our country, judicial activity is gradually occupying an increasingly important role in social life. In judicial activities, people should pursue both justice and efficiency, and the balance between justice and efficiency becomes the basis for judging the smooth development of judicial activities. The complexity of social life determines that judicial activities are not always fulfilled as expected. At this time, the trial supervision just makes an effective remedy, which promotes the perfection of our legal system. In the practical process, judicial supervision has different boundaries of supervision power for different subjects. This paper sorts out the problems of the current trial supervision system, and tries to put forward a set of corresponding measures to solve the problems through reflection.