Study On The Criminal Procedure System Of Second Instance Of Our Country

In today's Chinese society, interest conflicts obviously tend to diversification. The social conflicts caused by the criminal are increasing. Judicial field is destroyed. The fairness of right remedy way is single and not unblocked. These issues have seriously restricted the harmonious society's construction process. Criminal trial work of efficiency and fairness gets more and more attention. In the recovery criminal damage of social order, the premise of how to fully protecting defendants' legal rights, how to rights are unfair erosion defendants to provide effective relief, become the focus of the criminal trial. Especially as the defendant rights protection and relief way of criminal, the Criminal Procedure System of Second Instance becomes the social concern. But, because of the lack of legislation and judicial running process power variation, our country criminal Procedure System of Second Instance lost the original function, and gradually failure condition. Criminal Procedure System of Second Instance takes an important role by emendating fact-finding relief for infringement of the legitimate rights and interests, the correctness of the controversial refereeing provide corrective initial trial procedure platform, and the entity error aspects. In face of the new era and new demands, the criminal Procedure System of Second Instance faces the challenge of revision. How to regulate the criminal's criminal procedure operation, how to improve both system, how to create accord with the requirement of time, become the new system modification of the important task. Based on this, in foreign excellent law system, Procedure System of Second Instance of our country is analyzed by the author. On the basis of hope for Chinese judicial system, consummation does little of my power.This paper according to the steps starting from the first discussing concepts, characteristics of criminal, further reveal the fundamental function of criminal procedure. In foreign outstanding, criminal Procedure System of Second Instance are analyzed on the basis of our country's criminal procedure of criminal defects and give their own analysis to construct new criminal Procedure System of Second Instance.Full text is divided into four chapters. The first chapter discusses the conception, characteristics and the essential function of the criminal Procedure System of Second Instance. The second chapter discusses foreign inactive referee system relief way inspection. in this chapter, I mainly choose the most representative countries to examine and for its excellent system analysis for reference. The third chapter is to analysis our country criminal Procedure System of Second Instance., list the problems and reason in our criminal Procedure System of Second Instance. The fourth chapter puts forward countermeasures to criminal Procedure System of Second Instance. The author wants to improve our criminal Procedure System of Second Instance by established a "progressive type" the referee mode to realize the procedural justice and the substantive justice of the relevant system.