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刑事申诉是刑事诉讼当事人权利的最后救济手段,理应进行周到设计,但在我国现有刑事诉讼法框架下,尚未建立起一套真正诉讼意义上的、规范的、行之有效的刑事申诉运作机制。侦查申诉、不起诉申诉、生效判决、裁定申诉等三种申诉规定均不尽人意,这成为司法实践中滥申诉、申诉难等诸多问题产生的诱因。本文将刑事申诉权容纳进刑事诉权理论体系中思考,构造了包括申诉主体、管辖、期间、程序等内容的完整的刑事申诉制度,希冀对理论的完善及实践中问题的解决产生积极影响。
Criminal appeals are the last means of remedy to the rights of parties involved in criminal proceedings and should be well designed. However, under the framework of the existing criminal procedural law in our country, no set of normative and effective criminal appeals operational mechanisms have been established . The three appeals such as investigation appeals, non-prosecution appeals, effective judgments and adjudication of appeals were all unsatisfactory, which became the inducement of many problems such as abuse of appeals and appeals in judicial practice. In this paper, the criminal appeals right is accommodated in the theoretical system of criminal prosecution. A complete criminal appeals system including the subject, jurisdiction, period and procedure of the appeals is constructed. It hopes to have a positive impact on the improvement of the theory and the solution of the problems in practice.