一、殊途同归:程序与实体的冲撞刑事审判救济程序是旨在发现和纠正一审判决、裁定错误而设置的一审后审判程序,在我国,包括二审程序,死刑复核程序和审判监督程序三种。其中,二审程序是由不服一审未生效裁判而上诉或抗诉的被告人或检察院启动,由二审法院对案件进行审理所适用的程序。与两审终审制相适应,法律规定上诉构成引起二 First, the same thing is different: collision between procedure and entity The criminal trial relief procedure is a post-trial procedure that is set up to find and correct mistakes of first instance judgment and ruling. In our country, there are three procedures: the second instance trial, the death penalty review procedure and the trial supervision procedure. The second instance procedure is initiated by a defendant or procuratorate appealing or protesting against the judgment of first instance but not valid, and the procedure applicable to hearing the case by the second instance court. Adapted to the second instance trial system, the law provides that the composition of the appeal is caused by two