刑事申诉与再审关系的重构

刑事申诉与刑事再审又具有密切关联,理顺两者的关系,是解决刑事申诉问题的一个关键性环节。由于我国现行立法存在缺陷,导致刑事申诉的数量居高不下,但通过申诉引起再审的数量却少之又少,申诉与再审存在严重脱节。解决问题的根本出路在于,将申诉转化为诉讼型救济权利,将再审区分为有利于被告人的再审和不利于被告人的再审,细化再审的理由、时效和申诉的材料。

Reconstructing the Relationship between Criminal Complaint and Retrial

The criminal complaint and criminal retrial have close relationship. To clear the relationship between the two is a key part to solve the problem of criminal complaints. The defect of the current legislation in China leads to large numbers of criminal appeals. However, few of them can get the chance to be retried. There is an obvious missing link between the appeal and retrial. The basic solution to this problem is to change the complaint into a legal right type of relief, and then to divide the retrial defendant, and finally, to specify the reason, time, effect and the into the ones favorable or unfavorable to the complaint materials for the retrial.