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一、问题与研究进路刑事审判监督程序(以下简称:再审程序)作为一种非常重要的救济程序存在于每一个现代法治国家,但各国政治体制、传统文化、发展阶段不同这一程序也表现出迥异的风格和模式~①;作为其重要组成部分的启动程序亦同(另一是再审审理程序)~②。作为再审启动程序关键内容,即关于谁有权启动该程序,亦即启动主体问题也同样迥异。在法国、德
I. Problems and Research Approaches The procedure of criminal trial supervision (hereinafter referred to as retrial procedure) exists as a very important relief procedure in every modern country governed by the rule of law. However, the procedures of different political systems, traditional cultures and stages of development in different countries also manifest themselves A very different style and mode ~ ①; as an important part of the start-up process is also the same (the other is a retrial hearing process) ~ ②. As the key content of the retrial procedure, that is, the question of who has the right to start the procedure, that is, the subject of starting up, is also very different. In France, Germany