The Study On Hearing In Courtroom In China's Criminal Second Trials

This thesis consists of four chapters, which intends to study on hearing in courtroom in China's present criminal second trials. It uses the method of study combining theory and practice, and comparing different rules of statute of several typical countries, to demonstrate the necessity and significance of hearing in courtroom in respect of criminal second trials.This thesis first gets start with a real case, from which problems and questions are brought out with respect to the type of review in China's criminal second trials.Chapter one is the outline of the criminal second trial procedure. It mainly theoretically sets forth two things: the status and function of the criminal second trial procedure, and the importance and significance that the type of hearing in courtroom holds to the exertion of the criminal second trial's effect and function. It is necessary to modern criminal procedural theory. And this chapter is the theory foundation of the whole thesis.Chapter two focuses on analyzing the existing problems on the rules and practice of the review types of the criminal second trial. First, it analyzes the defects of the statute of rules in China's present criminal procedural law and its interpretation, according to which hearing in courtroom are not complied with in many appealed criminal cases. As addition, the statistics of the rate at which hearing in courtroom are practically performed in appealed criminal cases are also taken into consideration, and with these basis, it sets forth that the practical situation is not as good as being expected. Thus queries are brought forward and the problems are analyzed, then, the conclusion is made that modification of the rules of statutes about China's present review types of the criminal second trial is necessary and impending.Chapter three is the review about the rules of statutes of some typical countries or districts, which is related to their judicial procedure in the criminal second trial. In this chapter, the writer makes a conclude of the commonness of rules among different countries or districts, compares the commonness with China's relative rules, and brings forward the idea that, because of the restriction of China's criminal trial system, the cases for second trials are not divided into such two aspects, the cases relates to the reality and the cases only relates to laws, so China's criminal second trials are inevitably of somewhat confusion, which need to be made more clear.Chapter four is the essence and footing of this thesis,in which the idea and suggestion about the innovation of the procedure of China's criminal second trials are given. The writer first analyzes other scholars'ideas, and then considering the relative rules of other countries or districts, brings forward the writer's own idea and suggestion that in all criminal second trials hearing in courtroom procedure must be complied with. As to the details of the innovation, it can be realized by two steps, the first step is the innovation within the present criminal procedural system, and the second step is a further object which is to break through the present criminal procedural system. At the end, the suggestion is set forth that the innovation of the review types in criminal second trials is a problem which must be considered together with the innovation of criminal trial system and the state court system.