重构我国刑事审判监督制度的三点论

刑事审判监督程序的提起,既要协调程序的安定性与诉讼的真实性之间的矛盾,又需使之建立在符合诉讼规律的基础之上。人民法院提起审判监督程序,造成审判监督程序结构性的缺陷。人民检察院统一受理,既可以克服先定后审的局面,又能够发挥其法律监督职能。“确有错误”的提法,存在无法克服的诉讼逻辑性矛盾,应该予以废除,并使之具体化。审判监督程序提起的二元制方案有悖于我国审判监督程序的价值预设与程序规制,难以适用。

Three Viewpoints on Reconstructing National Criminal Trial Supervision System in China

Prosecution of Criminal Supervision Proceeding has to coordinate the contradiction between stability and factuality of coordination procedure.It also has to be based on conforming to the law.People's Court prosecute criminal supervision proceeding,which leads to structural defect in it.That People's Procuratorate accepts centrally can both overcome the situation of conviction first and then trial and develop the responsibility of legal supervision.The opinion of " really making mistakes" has logical contradiction that can't be overcome,which should be abandoned and madeina specific way.The duality theory in prosecution of criminal supervision is contrary to value presetting and procedure rules of the trial procedure in China.That will be hard to apply to.