我国犯罪嫌疑人申诉制度构建初探

我国刑事诉讼法规定的犯罪嫌疑人申诉权只是宣言式的,尚未制度化,表现为既缺失明确适用条件的实体性规则,又缺失明确申诉的裁决主体及其行为的实施性规则。申诉的适用条件应是侦查机关和审查起诉机关针对犯罪嫌疑人所作出的已经发生法律效力的诸多决定;申诉的裁决机关应是人民法院;应由决定的作出机关对所作决定的事实根据与法律根据负证明责任。

A Tentative Study of the Establishment of the Chinese Criminal Suspects' Appeal System

The appeal right of criminal suspects prescribed by Chinese criminal procedure law is not systematic but declarative,which is shown by the lack of the substantial rules with definite applicable conditions as well as the lack of the enforcing rules of clarified appealing ruling body and its behavior.The appealing applicable conditions should be a good of decisions with legal effect made by investigating and prosecuting organizations on criminal suspects.The appeal ruling body should be people's court of justice;the decision-made organization should take the proof responsibility for the fact and law grounds on which the decision is made.