Study On Criminal Trial Grade System

Criminal trail grade system is an important part of criminal procedure law, which is refers to a final judgement can be made after the trail of different courts. Any country if not only sets up a trail organization, it needs to set up different rank trail court. Scientific trail grade system, by which a case heard by different rank court, on the one hand achieve the goal of correcting the erroneous judgement of inferior court ,on the other hand satisfies the rational demands of the party, alleviates and digests they dissatisfaction in the procedure, so that realize the unity of correctness and consistence ,fairness and authority of criminal administration of justice and ensures realization of the aim of criminal procedure. But look over the study of criminal trail grade system in our country, civil trail grade system is more common than criminal trail grade system. This article aims to ponder the connecting research results of civil trail grade system, as well as model reasonable essence of the overseas criminal trail grade system, to make a discussion of reform of our criminal trail grade system.Firstly, this article sets forth the basic category and status of criminal trail grade system, limits its concept, defines scope of the subject ,and summaries that criminal trail grade system possesses of correctness of criminal judgement, realization of justice to be final, relief of the party's rights and maintenance of united law. Secondly, the auth or research the fundamental principle of criminal trail grade system, explain inevitable conflict of two basic values and how to balance two part. I think that philosophy base of trail grade system is epistemology. Penman bring up three law truth bases of trail grade system: restriction of power theory, independent judgement and guarantee of the party's law relief Further, comparing criminal trail grade system of the two legal system in the world, sum up some common conclusions, and analyse the history evolvement of Chinese trail grade system, also assay our country's default in practice. Lastly, the author consider that although two legal system all set up the third judgement instance which only review the law, rebuilding the system of the court of third instance is not only solved by bringing other country's experience, but also doubt of actual effect of system of the court of third instance. Furthermore, on the condition of the situation of my country, the author put up four sides to persist in and perfect the system of the court of second instance being the finial instance of possessing Chinese feature: ascertaining all grade courts' responsibility, adjusting domination of criminal case, standing out united law function by High court and the Supreme court; aiming at mystery hearing manner and the principle of complete review ,the author suggest establishing the principle of limit review and standard which depends on whether hold a court according to appealing reasons; reconstructing judicatory supervision procedure to avoiding impact of normal trial grade system; perfecting reform of judicatory system, and radically settle the problems of final judgement not being the end except trail grade system.