Research On The Perfection Of Criminal Instance System In China

As one of the important contents of the modern criminal justice system,the criminal instance system is the defense line to guarantee the realization of criminal justice,and reflects the basic procedural concept of the state.The construction principle of the criminal instance system is based on the premise of stratifying the hierarchy of functions,rationally configuring the functions and powers of different levels of courts,and forming a judicial power operation mechanism that restricts the powers in the proceedings,and maintains the judicial power of different trials in accordance with the law.It also limits the judicial power within the scope of the proceedings;through the operation of the trial system,it realizes the functional objectives of correcting the law according to law,remedying the rights,fixing the disputes,and safeguarding the unity of the country's legal system,ensuring the correctness and legitimacy of the judiciary,and maintaining legal justices.The static level of the criminal instance system is characterized by the allocation of referee power and the division of functions of different levels of courts.It depends on the function of the criminal instance system and the relationship between the courts and the courts.The dynamic level is the first instance and the appeal.And the operation of the special relief review procedure is the result of the interaction between the jurisdiction and the jurisdiction and the right of action and the jurisdiction.The function realization of the static review system needs to rely on the dynamic operation of the preliminary review and appeal review procedures i and the set goals of the review system can be realized.Since the Fourth Plenary Session of the 18th Central Committee,in the context of governing the country according to law,China has launched the fourth round of judicial reform.This round of judicial reform has introduced the trial-centered criminal litigation system reform,the pilot and promotion of the criminal quick-fix system,and pleaded guilty.Measures such as the confession and punishment of the wide system are all related to the criminal instance system.For example,the trial-centered litigation system reform has led us to think about the definition of the status,function and relationship of the first,second and retrial in the process of the criminal trial process.The trial-centered criminal litigation system reform needs to establish a sound fact-finding and legal application mechanism to clarify the relationship between different trial courts.Otherwise,even if the relationship between the public,prosecutorial and legal organs is straightened out,the establishment of "trial-centered”will be established.The criminal litigation system,the criminal trial procedure may not be able to withstand the need to prevent false and wrong cases and guarantee judicial justice.Secondly,under the influence of the concept of program diversion,the advancement of criminal prosecutorial procedures and the exploration of the system of confession and punishment have led to the diversification of criminal proceedings.The development of criminal procedure type has challenged the trial system,that is,China has long been Can a single "two-trial final review" system be implemented to meet the needs of different criminal procedure systems?Considering the diversion of procedures is to solve the judicial dilemma of "multiple cases and fewer people".How to coordinate the conflict between judicial efficiency and the value of judicial justice.Can the level of trials be diversified around different types of criminal proceedings?Thirdly,in order to eliminate the reform of the judicial administrative system to promote the localization of the judiciary,the provincial courts shall uniformly manage the property and property of the courts below the provincial level,and it is highly likely that the court will fall into the control of the higher court after getting rid of the predicament of local government restrictions.The nesting,combined with the habit of"reporting reports" in criminal justice practice,the realization of trial independence at the vertical level of the court is still difficult,and it is difficult to guarantee the realization of the judicial reform objectives of "the judges referee and the referee are responsible";Based on this,on the basis of rethinking the actual effectiveness and realistic predicament of China's current criminal instance system,this paper proposes that the perfect path of China's current criminal instance system should be to adhere to and optimize the "two-trial final review" system,and explore the application of special types of litigation procedures.Diversified review system for special trials.The first chapter is the basic theory that mainly explains the criminal instance system.The criminal instance system refers to a mutual restraint mode within the criminal procedure formed between different trial levels through the rational allocation of functions and functions of different trials and their stratification within the criminal procedure.The theory of trial independence provides the theoretical basis for the construction of criminal instance system.The construction of criminal instance system must guarantee the independence between trials.The protection of litigation rights is the starting point and goal of the construction of criminal instance system.The review system needs to be set up accordingly.Through the mutual restraint between the right of action and the judicial power,the criminal justice system of the country realizes the unity of judicial justice and judicial efficiency.The process of constructing the criminal instance system also needs to pursue its own legitimacy.The design of the system needs to aim at finding out the truth and litigation economy and achieving a balance between the two.The program stability theory emphasizes the irreversibility of the operation of the trial system and guarantees the realization of the "final review".The operation of the criminal litigation review system achieves different levels of review functions,such as fixed-point disputes*rights relief,and legal system unification,and ultimately safeguards judicial justice.The second chapter summarizes the operational practice and practical dilemma of China's criminal instance system,and analyzes the causes of the dilemma.China implements the criminal instance system of "the final review of the two trials".In the specific design of the trial system,it upholds the concept of supervision,builds on the distrust of the ability of the first-instance referee,pays attention to the real discovery of the entity,and emphasizes the correction of the trial system.Wrong function.Investigating the operation practice of China's criminal instance system,China's criminal instance system has the same function of court,the $ame level of trial function,and single appeal procedure.In the process of system operation,there is a failure of the trial system.The problem is mainly manifested in the corresponding procedures designed in the legislation for the pursuit of facts.In practice,they are all circumvented to a certain extent,such as the deviation of the second-instance trial rate from the overall review objectives,the appeal review process in the form,In the practice of criminal justice,the parties have creatively formed various non-procedural mechanisms based on the interests of the game,and they operate widely and effectively.The unscientific design of the system and the deviation of the system operation have affected the realization of the criminal trial function.'IThe function of the first instance trial in China is illusory,and the second trial is difficult to undertake the function of correcting errors and rights relief.The correctness and legitimacy of the judicial system is worrying.It was lost in the identification of the truth,the only criminal justice value goal.All of the above problems are not only the influence of the criminal justice concept,but also the constraints of the cylindrical criminal trial structure.They are more subject to the governance structure of the court.In the process of seeking independence,the entire court represented by the Supreme People's Court.In the name of delocalization,the system continues to strengthen internal stratification while enhancing its position.Due to the above reasons,it is difficult for China's criminal instance system to assume the functions conferred by the procedural law.The third chapter uses the comparative research method to investigate the extraterritorial criminal instance system.The criminal instance system of extraterritorial countries follows the principle of judicial independence and maintains strong independence between different trials.In the specific design of the criminal instance system,the division of labor between different trials is emphasized,and the court of appeals expresses basic respect to the court of first instance in the process of exercising the jurisdiction.However,influenced by political factors,legal traditions,geopolitical environment and other factors,there are also considerable differences in the criminal trial operation modes between the Anglo-American legal system and the civil law system.The structure of the audit organization of the Anglo-American law system is“collaborative”,and the criminal trial structure is characterized by a circular cone shape.The independence between the courts of different trials is simple except for the exercise of the right to appeal;the hierarchy of the trial functions is obvious,the first trial emphasizes the factual review function,and the appeal review focuses on the legal review;the program design presents a strong two-way constraint.The design of the appeal system emphasizes the uniformity of the application of the law and fully respects the factual determination of the court of first instance.The court of appeal is strongly restricted by the court of first instance.The structure of the trial organization of the civil law countries belongs to the "hierarchical system" structure,the criminal trial structure is characterized by trapezoidal features,the court level is strong,the supervision relationship between the lower courts is obvious,and the judicial power of the higher courts is more active.The stratification of the trial function is weaker at the second-instance level.Most countries give certain facts to the second instance to identify functions,accept new evidence,and identify new facts.However,in general,the factual determination of the court of first instance still needs to be respected;Also expressed a very cautious attitude.The mature experience of the criminal instance system of extraterritorial countries provides enlightenment for the improvement of China's criminal instance system.The fourth chapter mainly discusses the basic ideas of perfecting the criminal instance system in China.The trial-centered criminal litigation system reform provides an opportunity and support for the improvement of the criminal instance system.The substantive implementation of the court trial has consolidated the foundation of the trial operation;the criminal prosecution procedure and the confession of punishment have promoted the criminal from the pilot system of the wide system.The typed development of litigation procedures puts forward requirements for the diversified design of the trial system;the perfect development of the defense system such as the full coverage of criminal defense provides guarantee for the improvement of the trial system.However,the reform of the criminal instance system has its own complexity.The criminal instance system involves not only the functional orientation and power allocation of different levels of courts,but also the criminal litigation structure model,and is subject to the overall environment in which the trial power operates.In the reform of the judicial system.It is more resistant to institutional changes from the judicial power structure and the judicial system.The technical improvement,that is,the establishment of a litigation-based audit system operation mechanism can also alleviate the predicament of the current trial system to some extent.This paper believes that the choice of the current reform path still needs to adhere to the current two-trial final review system,and explore the first-instance final trial of criminal quick-break cases and the three-trial reform of the death penalty review procedure.The fifth chapter mainly discusses the specific measures for the improvement of China's criminal instance system.The improvement of the criminal instance system lies in the scientific and rational setting of the trial structure,the accurate positioning of the functions and jurisdiction of the four-level court,and the partial division of the trial function under the two-trial final review system.At the level of the trial system model,in view of the problems existing in the current criminal instance system,the focus of the reform is to optimize the operation of the two-trial final review system,accelerate the substantiveization of the trial,and consolidate the basis of the first-instance trial;establish the principle of limited review and strengthen the fair and effective operation of the second-instance procedure:exploring the imposition of the first-instance final review system for criminal prosecution procedures;promoting the re-engineering of the third-instance final review system for the death penalty review procedure;standardizing the operation of the retrial procedure.thereby realizing the criminal instance system The benign operation within the criminal litigation structure promotes the realization of judicial justice.