论我国上诉不加刑原则的完善

上诉不加刑原则是世界各国通用的原则 ,我国的上诉不加刑在司法实践中与审判监督程序相悖 ,从而淡化了被告人的上诉权 ,使上诉不加刑原则流于形式。为此 ,首先必须完善审判监督程序 ,实行有条件的不加刑 ;其次 ,刑事诉讼法应赋予公诉案件被害人的上诉权 ,平衡于被告人的上诉权。

On the Perfection of the Principle of No Additional Punishment Resulting From Appeal

The principle,"no additional punishment resulting from appeal",is a common one all over the world.In China, however,this principle goes against the trial supervision procedure in judicial practice so that the accused's right to appeal is weakened and it comes in vain. Therefore,the trial supervision procedure should be perfected with no additional punishment conditionally.Then the criminal law should endow the victims in the cases of public prosecution with right to appeal,equal to that of the accused.