Research On The Mode Of Second-trial Of Criminal Procedure

The research on reform in first-hearing pattern is flourishing,but the second-trial pattern is rarely. Especially on the mode of trial in second hearing. At the present, the most part of research is how to reform the first hearing and legislation of evidence,but the attention of second hearing is few.Not only the legislation of the mode of trial in second hearing ordered coarsely,but also the research on it is a vice-product as the second hearing.In my opinion,the mode of the trial is related to the actualization of the function of second hearing and the right of the defendant directly.So in this dissertation,the author try to find the way to reform the mode of trail with functionalism,systemic and positivism build on the formers' study.This dissertation falls into one foreword and four parts: in the foreword,the author sum up the actuality of research on the mode of trial,and sum up the literature on the mode of second-trial of criminal procedure,and then bring forward three types of this topic, public hearing complete, public hearing restricted and written trial.In the fist part, the author expound the meaning of the topic and then introduce the means of research in this dissertation.In part two,the author introduce the meaning , category and review of the mode of trial, then try to expound the relationgship between the mode of second-hearing of criminal porcedure and the function of criminal second -hearing fitstly.In part three, based on the data about a intermediate people's court which lie at the west-china, the autor describe the real status of the mode of the second-hearing of criminal procedure by the way of positivism.at the same time,I analyse the essential reason which induce the judicature deviated from the legislation goal by chatting with judge,so I bring forward that the low rate of open-hearing not only beacause of the legislation,but most important reasons are the running of justice and the system of court management.In part four,based on the pre-discussion,the author brings up the path of the reform by systemic way.and then indicated that the reform on mode of second-trial of criminal procedure is a systemic project,it related to many complication about the system and out-system.based on the situation of our country,firstly,we should order public hearing of principle, restrict the cases which is not accord with the ordered term of puclic-hearing strictly. Secondly,we should composed of special court to distribute and try this kind of cases which is not accord with the condition of public-trail case, and then ordered the procedure of this kind of cases. Finally,we should strengthen the training of judicatory skill to improve the leve of judge,re-design the system of the referring legal cases to the superior court, responsibility for misjudged cases and the other factors related to the mode of second-trial of criminal procedure.