The Research On Remedy Of Legal Error In Criminal Adjudication

In criminal adjudication, both legal error remedies and factual error remedies are important part in remedies system of criminal procedure law. Because criminal procedure law has the unique characteristics of Protection of Human Rights, it is more important and significant to remedy legal error in the adjudication.This thesis has six chapters. It successively starts from the basic concept of legal error to analyze the theoretical basis of legal error remedies and summarize their goals and principles of legal error; compares and summarizes the requirements and characteristics of basic procedure of legal error remedies based on overall understanding of their grading and structural characteristics; and proposes specific suggestions for improvement of legal error remedies system in Chinese criminal adjudication based on their basic theory.Chapter 1, Introduction. It states the concept, characteristics, categories and origins of legal error in criminal adjudication, surveys the specific rules of legal error in criminal procedure system of different countries, and then summarizes several basic delimiting principles of specific legal error.Chapter 2. Theoretical Basis. It explains the theoretical basis for legal error remedies in the adjudication through the overall analysis of legal concept, formal justice, and procedure justice, so as to construct a complete legal error remedies system for necessary theoretical preparation.Chapter 3, Goals & Principles. It summarizes the goals of legal error remedies by comparing different legal error remedies systems in criminal adjudication of different countries, outlines their basic principles in criminal adjudication according to the nature of legal error and the basic requirements of remedies, and analyzes the relationship between legal error remedies and relevant criminal procedure principles.Chapter 4, Grading & Its Structure. It compares the basic characteristics of legal error remedies in grading systems of different countries, especially analyzes their grading structure due to their difference from factual error remedies, and further extends their basic theory.Chapter 5, Remedy Procedures. It specifies the legal error remedies, compares the procedures of legal error remedies in ineffective and effective judgment (adjudication), and summarizes their basic procedure requirements and principles.Chapter 6, Reform & Improvement. It mainly analyzes the problems of legal error remedies system in adjudication of Chinese criminal procedure system, and proposes several specific suggestions for reform and improvement of such system.