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我国刑事诉讼中提起审判监督程序,是指人民法院、人民检察院对已经发生法律效力的判决或裁定,发现在认定事实上或者适用法律上确有错误需要纠正的案件,决定依法提出重新审判的一种诉讼活动。提起审判监督程序又称提起再审。刑事审判监督程序是我国刑事诉讼中的一个重要程序。它的主要功能是纠正错误的已经生效的判决或裁定,其性质是对生效的错误判决或裁定的一种补救措施。它是党的实事求是,有错必纠方针在刑事诉讼中的一个重要体现,提起再审是对案件进行重新审判的前提条件。但我国刑事诉讼法对提起审判监督程序的规定,过于简单,在理论上也研究探讨不够,许多问题急待研究和完善。本人仅就其中的几个问题,进行探讨。
The procedures for bringing trial and supervision in criminal proceedings in our country refers to the judgments or rulings made by the people’s courts and the people’s procuratorates over the legal acts that have taken place and find out that there are indeed any errors in the law that need to be rectified or not, Litigation activities. Prosecutorial supervision proceedings, also called to bring a retrial. Criminal trial supervision procedure is an important procedure in our criminal procedure. Its main function is to correct wrongly validated judgments or rulings that are, by nature, a remedy to the wrongful verdict or ruling in force. It is an important manifestation of the party’s seeking truth from facts and its mistakes must be rectified in criminal proceedings. Raising a retrial is a prerequisite for retrial of the case. However, the criminal procedural law of our country is too simple to carry out the procedures of trial supervision. In theory, it is not enough to study and research, and many problems are urgently studied and improved. I only discuss a few of them.