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审限制度是我国三大诉讼法中具有普适性的特有程序设置。在我国刑事诉讼法及其相关司法解释中,对刑事审限制度做出了全面规定,对该制度的执行情况也经常是对法官工作业绩考核的重要内容。但在理论界对刑事审限制度的态度却十分冷淡,至今都没有对该问题的专门性和系统性的研究成果;刑事审限制度在运行过程中也有超期羁押等不少消极和负面的因素。刑事审限制度在立法及实务中存在的种种问题,需要我们认真思考和深入研究并从制度上予以完善,但是首先要解决该制度是否具有制度价值,及能否实现该制度价值。有鉴于此,本文拟对刑事审限制度价值实现问题进行尝试性分析,以期促进对刑事审限制度的更多关注。
Judicial examination system is the unique procedural setup that is universally applicable in China’s three major procedural laws. In China’s criminal procedure law and its related judicial interpretation, the criminal justice system has been made a comprehensive provision, the implementation of the system is often an important part of the performance evaluation of judges. However, the attitude towards the criminal justice system in theorists is very cold. So far there is no specific and systematic research on the issue; while the criminal justice system has many negative and negative factors such as detention during the operation . The problems existing in the legislation and practice of the criminal justice system require careful consideration and further study and improvement from the system. However, we must first solve whether the system has the system value and whether it can realize the value of the system. In view of this, this article tries to analyze the problem of realizing the value of criminal justice system in order to promote more attention to the criminal justice system.