The Research On The Reform Of The Report Of Criminal Cases

Report of criminal cases is an instrument of a people's court of justice with Chinese characteristics. After a criminal case has been heard or jointly assessed, the individual juror or collegiate bench would write a court hearing report submitted to House Leaders or Judicial Committee of the General to discuss or decide the case. This internal instruments, which belong to the people's court, are not well known. However, reports of criminal cases in terms of both form and substance of the trial of criminal cases play a very important role, and the criminal justice system for our country's research has important reference value. This article seeks to report on criminal cases to conduct a comprehensive introduction and analysis system, combined with the condition of the system arising from the defects of its existence, and pointed out that the reform of the criminal cases of the necessity and inevitability of the report. And, focusing on reform of the criminal cases around the idea of the report, the recent reform measures and long-term goal of reform.In addition to the introduction and conclusion of this article, the body is divided into three chapters. The first chapter introduces the trial of criminal cases of the concept and content of the report. At the judicial practice of our country, criminal cases although little known, but it is activity in the administration of justice plays an important role in the form of the instrument, which affects not only to sit on the council, led by the judicial committee review and consideration, but also directly affect the decision to produce the quality instruments. Report the case because of criminal proceedings in the case play a decisive role in, so to hear the report of the Supreme People's Court made the production of high demands, and to hear criminal cases with the format of the contents of the report made clear detail. In this section, the author prepared by combining the General Office of the Supreme People's Court "style instruments court (for trial implementation)" and "style instruments Criminal Court", introduced in the first instance, the second trial and retrial in criminal cases the format and content of the report. In order to introduce more intuitive, the author selected for a special people's courts to hear criminal cases in the sample report on the thesis appendix for reference. Next, I also heard the report of the people's courts in criminal cases in practice the use of the three cases had a sort: The first is the first report of the production of criminal cases, after the criminal verdict Writing; Writing first two judgments, filed before the trial Writing up reports ; are three reports will be heard together and criminal judgments.In this paper, the basic object of study carried out after the introduction, the need to focus on is why the existence of criminal cases will be heard the report of such an instrument, why should there be reformed, as well as reform initiatives taken. Chapter II of this article, in accordance with Chapter III of this kind of thinking on these issues are discussed.Chapter II trial of criminal cases Study on why the existence of the report, as well as on its legal and practical disadvantages. The author believes that the report of criminal cases because the judicial practice generally applied in the course of our country, the fundamental reason for the trial are not independent. After the trial of criminal cases, or the Full Court independence of the court to process cases, evaluation results and advice to deal with a detailed written report on the form of materials submitted to the Judicial Committee of the leadership or instruction, discussion and decision, which clearly indicate independence and the Full Court does not have jurisdiction over the case of independence, the President, the president of the Judicial Committee or a higher court is the final decision of cases. At the same time, the report of criminal cases and the existence of the judicial status of our country has close relations, judicial administration, and party committees, the National People's Congress of the "guidance", "supervision" are the birth of the incentive for such judicial documents. The criminal aspect of the case reports exist in theory, the disadvantages of procedural law, including: the requirements of judicial independence and inconsistent; and contrary to the requirements of the open trial; and trial runs counter to the requirements of efficiency and so on. In addition, the production of judicial practice in criminal cases is not high quality of the report itself, saying that bad reason, no purpose and main points, the lack of logical argument and legal analysis, but is not conducive to "guarantee the quality of handling cases," and "the right to make this treatment decisions "and so achieve the goal.Chapter III the author put forward a reform of the criminal case about some of the basic concept of the report. First of all, because of reports of criminal cases both in law and in practice there are many shortcomings and disadvantages of reform in our country the way the trial, the magistrate of the judicial system and other instruments of reform measures to promote the ongoing in-depth background, the reform of the criminal cases is the general trend of the report. The significance of this reform are: to start from an early age by hearing criminal cases in the report to promote the reform of the reform of the criminal justice process, in order to reform the judicial system-related assistance. I clearly pointed out that the reform of criminal cases must be heard the report of the actual Chinese judicial system, respect the objective laws, all proceeding from reality and does not speak, do not rest on its laurels go a "step-by-step, step-by-step implementation of a comprehensive package" of criminal cases Report of reform. Specifically, the criminal cases are heard in the reform of the report is divided into two short-term and long-term phases. Recent measures are: to reduce criminal cases the scope of the report; the contents of the report to streamline the hearing so that a more focused; enhance the trial, said the report, such as rational. Long-term objectives include the repeal of criminal cases heard the report of the President of the survival of hospital examination and approval system, the judicial committee decided to discuss the case system, the case submitted to request system, early intervention system and other related systems, as well as instruments to promote the production of criminal jurisdiction, the court management system, Construction professional judges, court support, and so the substance of the reform and improvement of the system. The reform of these systems will help to achieve a fair trial and judicial independence will be the implementation of the rule of law for the creation of institutional conditions, in order to achieve a harmonious socialist society "democratic rule of law", "fairness and justice," the basic requirements and provide an institutional guarantee.