Research On Criminal Trial Grade System

As an important part of judicial system, the criminal trial grade system involves two aspects: the one is that how many grade courts the country should set up and the other is that after how many grade courts review a criminal case is terminated. By the result of comparing, we can find there are system of the court of second instance being the final instance and system of the court of third instance being the final instance in the world. The criminal trial grade system can be observed from its function and its structure. Interesting observation indicates that each country in the world tries the best to optimize the structure of criminal trial grade system in order to realize the function of criminal trial grade system.The function of criminal trial grade system is to guarantee administration of justice to be correct, to maintain administration of justice to be unified, to ensure administration of justice to be final .Its structure is generally designed as: l.court system presents the Pyramid structure and consists of court of first instance, the appellate court and court of last instance.2.the judicature function mechanism is divided into the function of first trial instance and appellate court distinguished and mutually checked. 3.the supreme judicial court reviews the law only. But the system of second instance being the final instate of our country restricted the full realization of its function, for its inherent mechanism is disorderly, its structure relation is out-of-balance. And court duties of all levels are not clear, and their roles confused, which embodies in: at first the imperfectly avoided-mistaken-mechanism makes the function of first trial melt emptily; the principle of complete review makes second instance expand its function while simple trialway makes second instance procedure become a mere formality; the mutually checked mechanisms between them are lacked, so all of these have handicapped the criminal trial grade system guaranteeing the administration of justice correct function; secondly obscure role and confusing duties of court of all levels do no benefit to maintaining the function of unity of administration of justice ; finally, ad judicatory supervision procedure is not benefiting to the quality of the judicial end . So we must reconstruct our criminal trial grade system abiding by the modern trial grade system's request, i.e. Optimizing the first instance procedure; Perfecting the second instance procedure; Restricting strictly the raising ad judicatory supervision procedure; Transition of court's function on the condition of the system of the court of third instance being the finial instance.