浅议刑事申诉的管辖及筛选机制

我国刑事申诉的受理机关是人民检察院和人民法院,但在实践中,这种多头管辖的规定容易造成管辖责任不明、相互推诿,申诉人多门申诉、无人受理的不良结果。因此,我国急需建立一个刑事申诉的筛选机制,并通过这个机制将冤假错案输入到再审系统。国外立法例中的刑事申诉筛选机制有三种类型:司法机关型、独立机构型和民间团体型。比较而言,在我国目前的司法体制下,在权力机关下设申诉案件复查委员会是一个可行的办法。

On Control of Criminal Appeal and Its Screening Mechanism

The accepting offices of our criminal appeal are the people＇s procuratorates and the people＇s courts. However, in practice, it is easy to cause such poor results as vague responsibility, passing the buck and none accepting the plaintiff. Therefore, it is urgent for our country to establish a screening mechanism through which the wrongly-charged cases can be put into the retrial system. Foreign legislative screening mechanism has three types： type of judicial organs, of independent agencies and of non-governmental organizations. In comparison, it is a feasible method to establish a review committee of the appeal case under the power of administrative authority from our current judicial perspective.