摘要
现代各国的刑事诉讼审级制度虽有一定差异,但多是以三审终审制为原则确立的。随着市场经济的发展和我国法院改革的不断深化,现有四级两审终审制的缺陷已不断显现,并与现代审级制度的一般原理相悖。现有审级制度在程序设计上以及在与司法体制相融合时表现出的渚多缺陷,已经影响到对被告人诉讼权利的保护和司法公正的实现,因此需重新建构以三审终审为原则,以一审终审为补充的刑事诉讼审级制度,同时实行法院的职能分层,规范再审制度。
Differences in the system for finalization of criminal case court hearing are acknowledged among the different states. They are based upon the principle of 'court of third instance being that of last instance' As the economic market further develops and China courts have further reformed, more problems have occurred in the current judicial system of 'court of second instance being that of last instance' , which is also contrary to the modern system forfinalization of criminal case court hearing. Defects resulted from the present judicial system of 'court of second instance being that of last instance' have influenced the protection of the defendant and the realization of judicial justice. Therefore, based upon the principle of 'court of third instance being that of last instance' , a new system should be reconstructed, complemented with 'court of first instance being that of last instance'. Meanwhile, the roles of the courts should be further specified and the re-trial system should be well regulated.
出处
《河北法学》
CSSCI
2004年第10期139-143,共5页
Hebei Law Science
关键词
刑事诉讼
审级制度
三审终审制
四级终审制
两审终审制
system for finalization of criminal case court hearing
court of first instance being that of last instance
court of second instance being that of last instance
court of third instance being that of last instance
