论我国检察机关为被告人利益抗诉的困境及出路

近年来,检察机关为被告人利益抗诉的重要功能逐渐为人们重视。我国法律目前对此种抗诉的规定不够完善,检法部门执行标准不一,导致抗诉效果不佳,因此对该程序进行制度设计迫在眉睫。本文通过在检察机关为被告人利益抗诉时赋予被害人上诉权、使其通过程序参与得以维护自己的权利,达到兼顾被告人与被害人利益平衡,从而为此种抗诉的顺利进行找到一种解决途径。

The Predicament and Reasonable Relief in the Circumstances of the Appeal by the Procuratorial Organs for the Interests of the Accused

Recently,the importance of appeal by the procuratorial organs for the interest of the accused has been recognized gradually.For the laws and rules of this field has not been provided intact enough yet in China,it is necessary to design some relative processes for this type of appeal.Endowing the victims the right of appeal in which they can attend the process of the lawsuit is not only a better way for balancing the interests of the accused and the victim during the process,but also it is an approach for protecting the criminal procedure going well.