刑事审判监督程序存在问题的分析及改革策略

刑事审判监督程序是为了纠正错误的生效裁判而进行的特殊救济审判程序。我国法律对其规定虽有特色,但在许多方面尚不完善,其暴露出来的问题逐渐成为阻碍我国法制改革深化的因素之一。本文从提起再审的主体不当、再审的主体不当、再审的审理方式不当等几方面阐述在我国刑事审判监督程序中存在的主要问题,并针对这些问题提出当事人应该被列为可以提起再审程序之主体;再审应由原审法院的上级法院进行审理;法院应开庭审理,检察院派员监督等改革策略。

Analysis of the exist problems in criminal trial in monitor program and reforms tactics

Criminal trial monitor program is that peculiarity acting as a referee but being in progress for correcting wrong going into effect relieves judicial procedure.Our country's law stipulates though having a characteristic,but still not improving and perfecting in the field of many,the problems that shows is become one of the factor gradually hindering our country's legal institutions from reform deepening.The way the main body of the paper is brought to trial from mentioning the subject who retrial not thinking that the subject who retrial improper,retrial,not should wait for several aspect to set forth primal problem there existing in middle in our country criminal trial monitor program,and ought to can lift the main body of examining procedure again by column for specifically for these problem brings forward an interested party;The retrial should be in progress from a court of appeat of first trial court hear that;The court responds to trial in court,procuratorate sends supervision to wait to reform tactics.