The Necessity Of Revolution On Criminal Appeal System Of China

Criminal appeal system is one of basic systems in chinese criminal lawsuit. Crimial appeal system is not only citizen's basic rights, but also an important component in ljudicial error correction system. As am important source to provide materials in rehear procedure, appeal system is not sound and there also lie many problems in practice, which can not protect the exertion of appeal rights fully, and worstly, affects negatively normal working order. Thus, revolution in this field is a basic demand in constitutional sense, as well as a necessary path during chinese law construction, and even a requirement to realization of harmonious society.This essay makes a clear definition from illustrating the conception and nature of appeal system so that emphasizing the special meaning in lawsuit sense. Certainly, accodring to practical national situation, this essay also both makes a comparision and illustration to several criminal appeal systmes in different countries and proposes importances and necessities to conduct revolution on criminal appeal system on the basis of exhaustive thinking about current situation.furthermore, what the essay emphasizes includes both future developing scheme and some suggestions, which involves how to revolve it in order to match with national judicial codes., and how to make a distincation between appeals with different results. In this essay, following priniciples are indicated, involving"protecting defendant","rehear without adding penalty". In addition, this paragraphy devises and explores concrete revolutionary approach, which includes how to make sure of appeal body, scope of reason, managerial field, accepted procedure,regulation of checking procedure, valid time, penalty to absuing appeal rights, aids, and supervision system .