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为了实现对审判机关错误判决和裁定的补救,我们立法和司法机关设立了刑事诉讼审判监督程序,它是挽救法律尊严和权威,保护公民合法权益的有效手段,对完善我国法律制度起到非常关键的作用。从几年审判监督程序的实施情况来看,受我国立法和司法某些地方不完善因素的影响,刑事诉讼审判监督程序的作用在我国的部分领域没能充分发挥,不但影响了法律的正确实施,而且一定程度上还起到反作用。审判监督程序是认为制定的用于纠正性的制度,难以摆脱人类制定制度本身的局限性。如何促使审判监督功能的发挥,实现良好的依法依法纠错是司法和立法机关面临的重要课题。本文从审判监督程序实施的基本情况出发,经过分析研究对怎样完善审判监督程序,规范监督机制,提出了自己的一些认识和看法。
In order to remedy the erroneous judgments and rulings of judicial organs, our legislative and judicial organs have set up procedures for the supervision of criminal procedure trials. It is an effective measure to save the dignity and authority of the law and protect the legitimate rights and interests of the citizens, and is crucial to improving our legal system Role. Judging from the implementation of trial supervision procedures in recent years, under the influence of the imperfect factors in some areas of our country’s legislation and judicature, the role of criminal procedure trial supervision procedure in some areas of our country has not been brought into full play. This not only affects the correct implementation of the law , But to a certain extent, also played a counterproductive. The procedure of trial supervision is that the system established for correction is considered to be difficult to get rid of the limitations of the system for the formulation of human beings. How to bring the function of trial supervision into full play and to achieve a sound error correction according to law is an important issue that the judiciary and the legislature are facing. Based on the basic situation of the implementation of trial supervision procedure, this essay puts forward some own opinions and opinions on how to improve the trial supervision procedure and standardize the supervision mechanism through analysis and study.