Researching On The Mode Of Second-trial Of Criminal

The core of a criminal procedure lies in its function.Any criminal procedure that deviates from its main function will be greatly compromised in value.The major problems of second trial criminal procedure in China are embedded in the method of second trial conduction.The application of second trial criminal procedure is decreased to a large extend due to the ambiguity of the method of second trial conduction in criminal cases and the excessive emphasize on the documentary hearing.However,in the studies of most law researchers,attention is paid mostly to a certain or a few functions of second trial criminal procedure instead of understanding the whole concept and application of it.As a result,based on the theory of second trial criminal procedure,the author intends to combine the functionalism method and positivist method to find a suitable way of reforming the method of second trial conduction.Except for the introduction and conclusion,this essay is divided into four parts with approximately 30,000 words.First part:criminal appeal procedure in foreign countries.Comparative study is a popular method of researching topics of law.The improvements is easier to be made through contrasting and comparing with the foreign counterparts.In this part of the essay,the author chooses four typical countries of common law and law to compare their distinctive second trial criminal procedure,and study their underlying concepts,causes,and considerations.Second part:the theory of second trial criminal procedure,based on the former comparison,the basic concept of STCP is introduced,it contains the major functions of STCP,the relation between first trial and second trial,and the classification of trial conductions,which provide the background for the latter discussion of the problems and reform of STCP in China.Third part:the status quo and reform suggestion of STRP.Because of the imperfection of relating terms of STCP and the excessive judging authority of the judgers,there are a large number of second trials dealt without opening a court session,which is a pretty serious issue. Nevertheless,quite a few shcolars find opening court session the best way to solve this problem,which,in the author opinion,is inappropriate and unrealistic.Fourth part:a vision of the reconstruction of criminal second trial conduction,based on the former analysis of the status quo of STCP and the discussion on the foreign experiences, the author intends to propose the reform suggestion of STRC in China.The proposal contains the reform of the principles of comprehensive review and.For method of trial conduction,I propose to use the way of opening a court session or documentary heating combine with words debate to deal with different type of appeals.