Study On Effective Criminal Adjudication Appeal System

Whether or not the criminal appeal system is reasonably designed concerns the stability of effective judgment or order of the people's court, concerns the justice of the enforcement of the state's power of punishment as well as the guarantee of rights of contesting parties. So it is extremely important and rather complicated either in litigation theory or in judicial practice.This dissertation contains ten chapters referring to two sections. In the first section, the author lays emphasis on conception, historical development and theoretic basis of criminal appeal system, its exercise in practice and existing problems. While in the later part, a proposal is put forward concerning establishing criminal retrial application system, the author expounds and verifies it around subject of criminal retrial application, time limitation of application for rehearsal, adjudication, ground for rehearsal and review system.The preface is a brief introduction of writing method, intention to choose this thesis, and issues expected to be discussed in the dissertation.Chapter One defines criminal appeal system and related concepts, and analyzes their connotation and nature.Chapter Two reviews the historical background and the evolution of criminal appeal system in both China and foreign countries.Chapter Four demonstrates 62 criminal appeal cases that were tried in a court in China in the year of 2004, summarizing the subject of appeal, psychology in appeal, time limitation of appeal, ground for appeal, and disposal of appeal.Chapter Five inquires into the present criminal appeal review system and finds such disadvantages in the Criminal Litigation Law as follows: how to accept and examine a criminal claim have not been provided for, the organ which hears a criminal petition remains in a mixed state, the subject of appeal is set too widely, the ground for criminal appeal is prescribed unreasonably, the criminal appeal has no a time limit, the hearing period of a criminal petition is nothing but an empty article, and the notice of dismissal of an appeal lacks legal effect. On the same time, after pondering over existing criminal appeal system, the author suggests that China should establish...