刑事申诉案件办理中存在的问题与对策研究
发布时间：2018-08-02 10:34
【摘要】：我国刑事申诉检察制度经历了从无到有,由简到繁,从比较欠缺到逐步完善的过程,这个过程也反映了我国人权保障事业的进步。一项制度的优越性并不否定其自身存在的问题和缺陷。实践中,申诉难、滥申诉、申诉秩序混乱的问题较为突出,不仅造成申诉人的合法权利得不到有效保障,而且导致司法资源大量浪费、司法权威受到损害。一方面是申诉权人的滥诉,一方面是司法机关的诉累,结果是刑事申诉复查工作面临着办理难、结案难、息诉难的“三难”工作局面。本文首先从检察机关办理刑事申诉案件的实践角度分析了我国刑事申诉检察制度在刑事申诉主体、管辖、时效、理由和审查期限等方面存在的一些问题,针对这些问题进一步提出如何完善的建议。其次从刑事申诉检察机关的角度对复查刑事申诉案件的程序和应当注意的问题作了阐述,对启动再审程序和我国诉讼纠错机制进行了探讨。检察机关办理刑事申诉案件的质量直接关系到法律监督工作的成效,如何提高受理、复查办案质量的问题上,笔者认为,它必须是数量、质量的有机结合。“十二五”规划、全国政法工作会议和全国检察长会议已对新时期刑事申诉检察工作指明了方向,从以前的“案结事了”到现如今“案结人和”的办案要求,更加强调了刑事申诉案件办理的难度和高质量的社会效应。因此,营造良好的审判监督办案环境、拓宽审判监督方式、更注重适应民生的政策要求,这都是刑事申诉案件办理中要关注的新的方向。作为长期目标,笔者建议构建切实可行的刑事申诉体系,从根本上改变申诉多、息诉率低的现状。
[Abstract]:The procuratorial system of criminal appeal in our country has gone through the process of from nothing to existence, from simplicity to complexity, from comparative deficiency to gradual perfection, which also reflects the progress of human rights protection in our country. The superiority of a system does not negate its own problems and defects. In practice, the problems of difficult, indiscriminate and chaotic appeals not only lead to the lack of effective protection of the legal rights of the complainants, but also lead to a large amount of waste of judicial resources and damage to the judicial authority. On the one hand, it is the abuse of the appellant, on the other hand, it is the lawsuit of the judicial organ. The result is that the reexamination of criminal appeal is faced with the "three difficulties" working situation, which is difficult to deal with, to close the case, and difficult to sue. Firstly, from the perspective of the practice of handling criminal complaint cases by procuratorial organs, this paper analyzes some problems existing in the procuratorial system of criminal appeal in criminal appeal subject, jurisdiction, limitation, reason and time limit of examination and so on. Further suggestions on how to improve these problems are put forward. Secondly, from the angle of the procuratorial organ of criminal appeal, this paper expounds the procedure of reviewing the criminal appeal case and the problems that should be paid attention to, and probes into the procedure of starting the retrial and the mechanism of correcting errors in our country's lawsuit. The quality of handling criminal appeal cases by procuratorial organs is directly related to the effectiveness of legal supervision. How to improve the quality of accepting and reviewing the handling of cases is a matter of the author's opinion that it must be an organic combination of quantity and quality. In the 12th Five-Year Plan, the National Conference on political and legal work and the National Conference of Procurator-General have pointed out the direction of the procuratorial work on criminal complaints in the new period, from the previous "case closure" to the present "case closure" requirement. More emphasis is placed on the difficulty of handling criminal complaints and the high-quality social effects. Therefore, it is a new direction to create a good trial supervision environment, broaden the trial supervision mode, and pay more attention to the policy requirements of the people's livelihood, which should be paid attention to in the handling of criminal complaint cases. As a long-term goal, the author suggests to build a feasible criminal complaint system to fundamentally change the present situation of more complaints and lower interest rate.
【学位授予单位】：西北大学
【学位级别】：硕士
【学位授予年份】：2011
【分类号】：D926.3
本文编号：2159146
[Abstract]:The procuratorial system of criminal appeal in our country has gone through the process of from nothing to existence, from simplicity to complexity, from comparative deficiency to gradual perfection, which also reflects the progress of human rights protection in our country. The superiority of a system does not negate its own problems and defects. In practice, the problems of difficult, indiscriminate and chaotic appeals not only lead to the lack of effective protection of the legal rights of the complainants, but also lead to a large amount of waste of judicial resources and damage to the judicial authority. On the one hand, it is the abuse of the appellant, on the other hand, it is the lawsuit of the judicial organ. The result is that the reexamination of criminal appeal is faced with the "three difficulties" working situation, which is difficult to deal with, to close the case, and difficult to sue. Firstly, from the perspective of the practice of handling criminal complaint cases by procuratorial organs, this paper analyzes some problems existing in the procuratorial system of criminal appeal in criminal appeal subject, jurisdiction, limitation, reason and time limit of examination and so on. Further suggestions on how to improve these problems are put forward. Secondly, from the angle of the procuratorial organ of criminal appeal, this paper expounds the procedure of reviewing the criminal appeal case and the problems that should be paid attention to, and probes into the procedure of starting the retrial and the mechanism of correcting errors in our country's lawsuit. The quality of handling criminal appeal cases by procuratorial organs is directly related to the effectiveness of legal supervision. How to improve the quality of accepting and reviewing the handling of cases is a matter of the author's opinion that it must be an organic combination of quantity and quality. In the 12th Five-Year Plan, the National Conference on political and legal work and the National Conference of Procurator-General have pointed out the direction of the procuratorial work on criminal complaints in the new period, from the previous "case closure" to the present "case closure" requirement. More emphasis is placed on the difficulty of handling criminal complaints and the high-quality social effects. Therefore, it is a new direction to create a good trial supervision environment, broaden the trial supervision mode, and pay more attention to the policy requirements of the people's livelihood, which should be paid attention to in the handling of criminal complaint cases. As a long-term goal, the author suggests to build a feasible criminal complaint system to fundamentally change the present situation of more complaints and lower interest rate.
【学位授予单位】：西北大学
【学位级别】：硕士
【学位授予年份】：2011
【分类号】：D926.3
【引证文献】
相关硕士学位论文 前1条
1 苏楠;论检察机关处理刑事申诉案件程序的立法完善[D];辽宁大学;2013年
，本文编号：2159146
本文链接：https://www.wllwen.com/falvlunwen/gongjianfalunwen/2159146.html
