Research On The Criminal Procedure System Of Second Instance

Being a key link in whole criminal procedure system, the criminal procedure of second instance manifest itself chiefly in the relief nature of the system. Owing to many malpractice exposed in the construction of second instance procedure system of current law of criminal procedure in our country, the system find itself unable to give an exact embodyment of its characteristics and regularity in motion of the procedure, find it hard to give a normal play to the efficiency of the second instance procedure , causing many problems in practical dispensing justice. So, it is essential to deepen the understanding in theory to second instance procedure system and provide legislative suggestion to it which is perfectly and scientifically being built-up progressively. In order to find exactly the defects existing in our current second instance system, this article starts from functional study of second instance system, compare and analyse the system function and procedure feature of second instance against major western countries, point out the peculiar characteristics of our existing second instance procedure system from comparison and analysis of the present situation, raise some legislative suggestions in the purpose of further improving the existing second instance procedure system in our country.The article is divided into two parts: Preface and Text.The part Preface introduce briefly the significance of our revised criminal procedure law, point out definitely the existing defect in our second instance procedure system and hold it that the current second instance procedure has much necessity to be further modified and improved.The part Text separate into five sections, in each section a certain study has been made respectively from value basis, systematic function, procedure feature to defect analysis. To further consummate the second instance procedure, some relevant suggestions has been raised.In Section One, the research method to second instance procedure was introduced and analysed, and the method applied in the text was defined. It follows that the value basis to construct second instance procedure is expounded and proved. It is held that the existence of second instance procedure depend on the benefit value and efficiency value of contentious procedure.Section Two emphatically analysed the systematic funtion of second instance procedure. It included mainly the relief capability and relief degree. A corresponding exploration was made to above aspects.In Section Three, the method of comparison is applied to study in generality the major characteristics of second instance procedure system in western countries and a concrete an analysis is made.In Section Four, an analysis to the characteristics of our current second instance procedure was made. It concluded that the characteristics incarnate the unified indiscriminative system structure which result in the systematic defect. A concrete analysis was also made to the existing defect in five aspects.In Section Five, a combination between the comparative study to second instance procedure in western countries and ours, reveal that the main problems about Chinese existing second instance procedure lies in the shortage of integration and systematization. To overcome this systematic malpractice, it is necessary to break current over-unified system mode foundamentally and thus to consmmate Chinese Second Instance Procedure System. Finally, the author draw on the experience of certain systematic characteristics of second instance procedure in western countries and raise some relevant suggestions on the respects to consummate our second instance procedure system, the kind of procedure , procedure relief and procedure supervision.