论刑事申诉中司法公信力的树立

刑事申诉是刑事诉讼过程中非常重要的程序,在当事人对生效裁判提出刑事申诉后,司法机关应当积极予以受理,但是我国现阶段对刑事申诉程序的重视还不够,刑事申诉案件提起主体混乱、刑事申诉案件管辖规定不明等。同时社会各主体的法律意识与法律信仰不够、司法不公开、舆论绑架司法、司法行政化色彩严重以及司法工作人员的释法析理能力不足等问题突出,极大降低了司法在社会中的公信力。因此,我国刑事申诉程序应当选择刑事申诉公开审查的模式,增强社会公众的法律信仰,保障司法公开与公正,正确引导媒体舆论,积极推进司法机关的去行政化,提升司法机关工作人员对裁判释法说理的能力,积极树立刑事申诉中的司法公信力。

The Establishment of Judicial Credibility in the Criminal Appeal

The criminal appeal is a very important procedure in criminal action. After one of the parties puts forward to appeal to the referee,the judicial office should accept it duly. However,the criminal appeal did not cause enough attention in China now. The subject of appealing is in chaos and the domination of criminal appeal is lack of clarity in the law. Meanwhile,the poor awareness of law and lacking of legal faith in society are insufficient. The judiciary is unclear. The public voice impedes the judiciary. The administration of judiciary is serious. The ability of judge in expounding judgment is insufficient. All the issues depress the judicial credibility in the society. Therefore,the criminal appeal should adopt the public examination model in china to enhance the judicial credibility in the society,guarantee judicial impartiality and openness and lead the public voice rightly. It is also necessary to promote the judge＇s ability in expounding judgment and establish the judicial credibility in criminal appeal.