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民事行政诉讼领域的二元监督方式,可为检察建议用于刑事个案监督提供参照。检察建议在刑事个案监督实践中已占有一定比重,主要用于存在显而易见错误的生效裁判,其纠错效果并不逊于抗诉。检察建议具有运行路径短、矛盾化解在基层、法院易于接受的优势,也存在法律依据不足、瑕疵纠错范围不详及法律效力虚化的劣势。在刑诉法中增设检察建议方式的基本构想为:确定检察建议的提出机关为作出生效裁判法院的同级检察院,发挥检察建议的效率优势;合理确定审判瑕疵的表现种类及纠正方式,增强一般检察建议的可操作性;灵活配置再审检察建议与抗诉的适用范围,使之集中于存在显而易见错误的案件,保证检察建议监督的精准性;明确法院的受理义务和答复义务,增强检察建议的监督刚性。
The way of dual supervision in the field of civil administrative litigation can provide reference for procuratorial suggestion for criminal case supervision. The procuratorial suggestion has taken up a certain proportion in the criminal case supervision practice and is mainly used for the effective referee with obvious errors, and its error correction effect is not inferior to that of the protest. The procuratorial proposals have the advantages of short running paths, resolving contradictions at the grassroots level and the courts are easy to accept, as well as the disadvantages of lack of legal basis, unknown scope of error correction and legal deficiency. The basic idea of adding the procuratorial suggestion method in the Criminal Procedure Law is as follows: to determine the procuratorial organs for the procuratorial organs to make effective prosecution of the courts at the same level Procuratorial Procuratorate to take advantage of the efficiency of procuratorial advice; reasonably determine the types of trial flaws and the way to correct and enhance the general The feasibility of prosecutorial proposals; the flexibility to configure the scope of application of reexamination proposals and protests so as to focus on the existence of obvious errors and ensure the accuracy of the supervision of procuratorial proposals; clarify the court’s acceptance and response obligations and enhance the supervision of procuratorial proposals rigidity.