论文部分内容阅读
当前,我国正处于社会转型期和矛盾多发期,越来越多的社会矛盾以诉讼的形式进入司法领域。人民群众对司法公正的诉求强烈,特别是对那些有案不立、有罪不究、以罚代刑,甚至是执法司法人员徇私枉法、徇私舞弊等现象反映强烈。全面加强对诉讼活动的法律监督,防止和纠正司法不公,是党中央的明确要求,也是广大人民群众的强烈呼声。诉讼监督是权力制约理论在诉讼程序中的重要体现,是维护司法公正、保障人权的重要措施。本刊编辑部认为,诉讼监督与程序公正要统一于诉讼规律、统一于司法公正、统一于人权保障。在诉讼监督活动中,检察机关应当遵循依法监督原则、适度监督原则、有效监督原则。依法监督原则要求检察机关按照法律规定的职权范围、方式和程序进行监督。适度监督原则要求检察机关进行诉讼监督时根据违法行为的性质和程度选择适当的监督方式,兼顾诉讼效率,达到法律效果与政治效果、社会效果的有机统一。为了提高诉讼监督的有效性,检察机关应当增强发现诉讼中违法犯罪情况的手段和拓展法律监督的范围。检察机关要重点加强对侦查活动中刑讯逼供及暴力取证、强制性侦查措施、滥用刑事手段违法插手经济纠纷等问题的监督;加强对抗诉案件审判活动、死刑案件、民事审判和行政诉讼活动等审判重点环节的法律监督;加强对减刑、假释、暂予监外执行活动,违法监管活动,超期羁押等刑罚执行活动重要环节的监督。为了充分探讨这一问题,本刊编辑部特邀一批专家对此问题进行专题研究,得到了一些对此问题素有研究的学者的比较积极的回应。为了更好地以学术之力审时度势促进司法改革特别是检察改革,本刊编辑部以《如何认识和加强诉讼监督》为总标题进行专题研究,试图从现代司法的基本规律和特点着手,就我国诉讼活动监督的相关问题进行探讨。本着百家争鸣的态度,本刊对于受邀专家的来稿,只要政治导向正确,符合通常的学术规范,不论其所表达的学术观点如何,均一律照登,所以,本专题所有观点均不代表本刊编辑部之立场。
At present, our country is in a period of social transition and contradictions, and more and more social conflicts have entered the field of justice in the form of litigation. The people have a strong appeals for judicial impartiality, especially for those who are not guilty of the crime, not guilty of crimes, serving imprisonment for crimes and even serving the law-abiding officials, favoritism and favoritism. To comprehensively strengthen the legal supervision over litigation activities and prevent and correct unfair judiciary are the explicit requirements of the Central Party Committee as well as the strong call of the broad masses of the people. Litigation supervision is an important manifestation of the theory of power restriction in the litigation process and is an important measure to safeguard judicial fairness and protect human rights. Editorial editorial believes that litigation supervision and procedural fairness should be unified in the law of litigation, unified in the judicial impartiality, unity in human rights protection. In litigation supervision activities, the procuratorial organs should follow the principle of supervision by law, properly supervise the principle and effectively supervise the principle. The principle of supervision by law requires the procuratorial organs to supervise according to the terms of reference, methods and procedures prescribed by law. The principle of proper supervision requires procuratorial agencies to choose appropriate supervision methods according to the nature and extent of illegal activities in consideration of litigation and supervision, taking into account the efficiency of litigation and achieving the organic unity of legal effects, political effects and social effects. In order to improve the effectiveness of litigation supervision, procuratorial organs should enhance the means of discovering criminal cases in litigation and expand the scope of legal supervision. The procuratorial organs should lay emphasis on supervision over such issues as the supply of confessions by torture and evidence collection and compulsory investigation in criminal activities, the criminal misuse of criminal means and other economic disputes, and intensify the trial of protest cases, death penalty cases, civil trials and administrative litigation activities Supervise the important links in the implementation of penalties such as commutation of sentence, release on parole, temporary execution of extra-judicial activities, illegal supervision activities and extended detention. In order to fully explore this issue, our editorial department invited a group of experts to conduct a special study on this issue and got some positive responses from scholars who have studied this issue. In order to better assess the situation with academic power to promote judicial reform, especially procuratorial reform, the editorial department of the magazine to “how to understand and strengthen litigation supervision” as the general title of the topic of research, trying to start from the basic laws and characteristics of modern justice, on China Litigation supervision related issues to be explored. With the attitude of hundred schools of thought contested, our articles on invited experts have the same political orientation and conform to the usual academic norms, regardless of the academic point of view expressed. Therefore, all views of this topic do not represent the publication Editorial Board’s position.