论我国刑事审判监督程序的改革及完善.pdfVIP

论我国刑事审判监督程序的改革与完善 如扩大冤狱赔偿范围、建立恢复名誉制度等 关键词：刑事审判 监督程序 刑事被告人权益 2 ABSTRACT ABSTRACT Summary of the contents: By introduction and analysis of a criminal retrial case, this paper reveals thecorrupt practice of the current criminal trial supervision programs embodying the existence of more appealing, the difficulty of appealing, the failure to form the pattern of the application for retrial, the change from appealing to non-litigation program, seriouscourt control in theoperationof retrial, strongadministration color of retrial program and so on. Such corrupt practice leads topoorstability of laws in effect and littleguarantee of the status and rights of thedefendant, which seriously weaken the justice, efficiency and authority of the law.Through further research and comparison to the foreign criminal investigation of the retrial system, they realize more complete criminal retrial system has been founded in the mainland legal system countries. Specific provision has been made in raising retrial theory, raising retrial procedure, raising retrial subject, and reasons, duration or frequency of raising retrial in purpose of correcting the mistakes of the judgment taking effect. Although the English, American and French legal system doesn’t have so complete retrial system, it also has error correction programs to make sure of giving rights succorby such effective means of order of certiorari, order of imprison,mandate, law of personal protection, etc. So in purpose of the reconstruction of our country’s criminal trial supervision program scientifically, we should, in the guiding ideology, pa