刑事申诉与刑事再审又具有密切关联,理顺两者的关系,是解决刑事申诉问题的一个关键性环节。由于我国现行立法存在缺陷,导致刑事申诉的数量居高不下,但通过申诉引起再审的数量却少之又少,申诉与再审存在严重脱节。解决问题的根本出路在于,将申诉转化为诉讼型救济权利,将再审区分为有利于被告人的再审和不利于被告人的再审,细化再审的理由、时效和申诉的材料。 Criminal appeals are closely related with criminal retrials. To straighten out the relationship between criminal appeals and criminal retrials is a key link in resolving the criminal appeals. Due to the defects of the current legislation in our country, the number of criminal appeals is very high. However, the number of retrials caused by appeals is very small, and there is a serious disconnect between appeals and retrials. The fundamental way to solve the problem is to turn the petition into litigation remedy right, divide the retrial into the referee favoring the accused, the referee unfavorable to the defendant, the detailed retrial reasoning, limitation of action and the appeal.