On The Reform Of The Criminal Appeal Trial Through Summary Procedure

The general plan of our constitution is "run the country by operation of law", it mention more requests for the construction of the community legal system. It is an important question that how to perfect or how to develop the legal system. As the criminal appeal trial, it is a way of supervision the trial for the court below; for the party especially for the defendant, it is a serious way of redeeming the rights and interests. For this reason, as the indispensable part of the legal system, the developing of the criminal second instance concerns whether success or failure is the construction of the legal system.The criminal second instance is a weak link. Not only the current legislation ordered very coarsely, but also it is unvalued in the heart of the people. At the present, the most part of plan is how to reform the first instance and legislation of evidence. The near future, some legal government pushes forward the criminal appeal through summary procedure. The purpose of the article is to investigate an ideal mode of trial pattern of the criminal second instance.This dissertation falls into one foreword and four parts: in the foreword, it first introduces the background of the reform. Contain of the reform requests that all the trail case should try in open. As the following practice, there are many conflicts coming out. The main question is that the clash between the number of increasing case and limited judicature resources. That pushing out the reform of the criminal appeal trial through summary procedure is to lift efficiency of litigation and save judicature resources.In part one, it introduces the scope of reform's applications, the mention of the reform and the trail pattern of the reform. In a word, this part systematically comments the criminal appeal trial through summary procedure.In part two, the legal analysis of the reform. Firstly, it embodies public hearing system, but it also reduces the efficiency of litigation and judicature resources. Furthermore, the law doesn't order that all the trial case should public hearing. Secondly, the establishment of the reform has many problems. Such as, the type of case applying to the reform, the principal part of the mention.In part three, the theory's foundation of the reform. To meet the needs of the market economy, it must to reform the criminal second instance. The value of the reform is various, it is justice and efficiency that the most basic principles in the reform. That the raising of the quality of national and the system of legal aid ensures the reform will develop smoothly. In part four, the writer brings up the deliberate and suggestion of the reform. To pass through discussing the three kind of trial pattern, the writer summarizes the ideal mode of trial, that is the principle is public healing system ,and the supply is the system by investigating and interrogating. To protect the effect of the reform, carry through the principle of the reform, in the end, the writer confers the action of the judge and the public procurator in the article.The writer hopes that this article will enrich the theory of the reform of the criminal second instance, and promotes the reform of the criminal second instance.