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我国刑事诉讼中再审程序是由人民法院和人民检察院提起的,当事人申诉仅作为再审启动的材料来源。但由人民法院主动启动再审,不符合控审分离、裁判中立等诉讼理念和原则,且当事人申诉也并不必然引发刑事审判监督程序,致使两者引发再审程序上处于不平等地位。因此,应取消原审人民法院的启动权,将启动权主体限于上级人民法院、最高人民法院、人民检察院以及当事人,使其功能真正发挥。
The retrial procedure in criminal procedure of our country was brought forward by the people’s court and the people’s procuratorate, and the petitions of the parties only serve as the material source for the retrial. However, the trial initiated by the people’s court on its own initiative does not conform to the concepts and principles of litigation, such as the separation of prosecution and the trial and the neutrality of adjudication, and the appeals of the parties do not necessarily lead to the supervision procedure of criminal trials, resulting in the unequal procedure of retrial. Therefore, the right of starting the people’s court of the original trial should be canceled and the main body of the right of starting should be limited to the higher people’s courts, the Supreme People’s Courts, the people’s procuratorates and the parties so that their functions can be truly brought into play.