审判独立与抗诉监督制度的完善

司法公正需要审判独立和对审判权实施监督两方面的共同支撑。根据我国的政治体制和司法现状,检察权对审判权的监督必不可少,检察监督与审判独立之间既相互冲突又相互统一。在改造抗诉监督制度时,必须坚持“不损害独立审判权”的底线,把抗诉理由的标准由“确有错误”修改为“认为有错误”,把抗诉范围限定在“损害国家利益和社会公益”的案件和“适用法律错误”的案件,并对抗诉期间和抗诉次数作出严格限制以维护审判结果的终局性和权威性。

On Trial Independence and the Improvement of Prosecutorial Protest System

The judicial justice needs the common support of trial independence and the supervision of jurisdiction. According to the political system and judicial status of our country, prosecutorial supervision of the jurisdiction is necessary. Between the prosecutorial supervision and the trial independence, there is not only conflict but also unity. When we reform the prosecutorial protest system, we must stick to the base line that "the supervision can not damage the trial independence". To maintain the judge's finality and authority, it is necessary to amend the standard of the prosecutorial protest reason from "assuredly having mistake" to "possibly having mistake", to restrict the prosecutorial protest scope to the law cases which damage national interests and social public welfare and the law cases which refer to inaccurate law, and to confine the period and times of the prosecutorial protest.