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刑事申诉是《刑事诉讼法》赋予刑事诉讼当事人的一种诉讼权利,它也是刑事诉讼当事人的最后救济手段。我国的刑事申诉制度在纠正冤、假、错案和维护当事人合法权益方面发挥了巨大的作用。近年来,越来越多的当事人走刑事申诉途径,但随着法治建设的进步和现代司法理念的确立,现行刑事申诉制度的不足也逐渐突显。本文以笔者所在检察院为例谈谈刑事申诉的现状,针对案件申诉率高等问题分析其原因,并在此基础上提出降低申诉率的应对措施。
Criminal appeals are a litigation right conferred on the parties to criminal proceedings by the Code of Criminal Procedure, which is also the ultimate remedy for the parties to criminal proceedings. China’s criminal appeal system has played a huge role in rectifying injustice, falsifying and misplacing cases and in safeguarding the legitimate rights and interests of the parties concerned. In recent years, more and more parties take the criminal complaint channels. However, with the progress of the rule of law and the establishment of modern judicial concepts, the inadequacy of the existing criminal appeal system has gradually been highlighted. This article takes the author’s procuratorate as an example to talk about the status quo of criminal appeals, analyzes the reasons for the higher case filing rates, and on this basis puts forward the countermeasures to reduce the appeals rate.