涉刑信访的现实困境与诉讼解决路径

涉刑信访是指在刑事案件审理过程中或者审结后,当事人或其亲属通过来信、采访等方式向法院、检察院等机关提出申诉的行为。涉刑信访是当下严重困扰我国刑事司法的难题。涉刑信访加剧了行政权的肥大化及其对司法权的挤压态势,同时也削弱了司法权威,损害了程序安定,使法院陷入恶性循环的怪圈。这一怪圈的合理化解,端赖于刑事再审制度的完善和回归诉讼程序的涉刑信访终结机制之构建等多方面的建设性举措。

The Dilemma of Complaint Letter and Visit concerning Criminal Cases and its Procedural Solutions

Complaint letter and visit concerning criminal cases, an appeal beyond judicial area, is an appeal play to court, procuratorate and other related departments by parties or their relatives during the criminal procedure or after the criminal verdict has been issued. It is a hot problem in the criminal judicial practices of China,which aggravates the situation that the administrative power is expanded too much to the extent that the judicial power has been extruded,in the meanwhile weakens the judicial authority and impairs the procedure stability and finally puts court into a vicious circle. In order to resolve the problem, a series of constructive measures must be made, which include the completeness of criminal retrial procedure and the construction of ＂back to judicial proceeding＂ termination mechanism.