相对合理主义视角下的检察机关审判监督问题

Supervision of Adjudication by Procuratorial Organizations from an Angle of Relative Reasonableness

摘要:

检察权具有监督性,但对于法院,其监督是通过诉权对审判权的制约来实现的。中国检察机关监督审判的制度是诉权外的监督制度,这一制度有特定的历史成因,但在当前受到严峻挑战,制度虚置,运作不灵。检察机关对审判的监督是一柄双刃剑,它既可能有利于个案处理的公正,又可能损害审判的权威,扭曲诉讼的性质。在当前司法不公较为严重,司法公正的制度条件尚需培育的情况下,承认检察监督的相对合理性,在为其设置一定支撑条件的同时,应当对其进行必要限制与改造。

Abstract:

Procuratorial power is a kind of supervisory power. Its supervision on the courts is through the restraint of litigious rights on adjudicative power. However, the Chinese system of supervision of adjudication by procuratorial organizations is a supervisory system beyond litigious rights. There are historical causes for the birth of this system, but now it's faced with great challenges. It has become void and ineffective. The supervision of adjudication by procuratorial organizations is a double-edged sword. It can both help attain impartiality in the handling of cases and harm the authority of adjudication. At present, in China, there exists a common problem of judicial injustice and lack of institutionalized conditions for judicial justice, therefore, it's necessary to acknowledge the relative reasonableness of the supervision of adjudication by procuratorial organizations. We should institute supportive conditions for as well as necessary restraints on supervisory power.