摘要
“上诉不加刑”原则是我国的刑事诉讼二审程序中的一项特殊原则,对激励被告人及其近亲属提起上诉,从而提高审判质量具有积极的一面。但在设计制度本身和司法实践中又存在缺陷,只有被告一方上诉的上诉人往往在审判监督程序中被曲线加刑。这不仅直接影响了一审被告人上诉的积极性,还影响到我国法制的统一和权威。
The principle of ＂Second Appeal without Additional Punishment ＂is one of the special principles carried out in the judging process of second criminal appeal in China , which is active for the defendants as well as their relatives to appeal again, thus positively enhances the quality of judging . Nevertheless , still some defects lie in its designing system and implementation because the only party of the defendants is usually distortedly to be additionally punished in the judging and supervising process . The situation not only directly strikes the activity of the defendants but also weakens the unity and authority of our national law system.
出处
《东华理工学院学报（社会科学版）》
2005年第3期237-240,共4页
Journal of East China Institute of Technology
关键词
上诉不加刑
曲线加刑
审判监督程序
second appeal without additional punishment
distortedly to be additionally punished
the judging and supervising process
