从传统文化角度反思诉讼监督机制

近年来,检察机关的诉讼监督理念和制度设计多数停留在＂事后纠错＂的层面,导致监督走向＂对错博弈＂,使得诉讼监督的司法成本高且监督效果不佳。应从传统文化角度审视诉讼监督理念和诉讼监督运行机制,对其不足加以梳理,以利于诉讼监督职能的有效发挥。

Reflection on Litigation Supervision Mechanism from the Perspective of Traditional Culture

In recent years, most of procuratorial organs＇ litigation supervision idea and system designing remain in the ＂post -correction＂ level, which has caused supervisory towards ＂right or wrong game＂ and made high costs of justice of litigation supervision but without good supervision effects. We should examine the concepts and operation mechanism of litigation supervision from the perspective of traditional culture and sort out its deficiencies so as to be conducive to the effective operation of litigation oversight function.