The Procedural Construction Of The Trial Mode Of The Criminal Appeal Cases

The trial mode of the criminal appeal cases plays an important roal in the construction of the procedure of the appeal trial, trial mode of the appeal cases determins the the fulfillment of the function of the appeal trial.but the current mode of appeal trial in china appears a lot of defects which seriously damage the balance between justice and efficiency.these can be dued to the errors lie in the principle of thorough examination, the defects in the criminal procedure law of China,the formalization of the litigation process and so on.as a result,the author, through comparison and analysis to major trial modes of western countries, and considering the real situatiions of appeal trial in our country, proposes practical paths and long-term goal for the reforms of appeal instance trial modes, aiming at the realization of a just criminal procedure.this thesis is divided into five chapters.chapter two,chapter three and five are the major parts.The chapter one focus on two issues:the meaning and the value of trial mode of appeal trial in criminal law.after introducing four kinds of trial modes in theory,the author choose the third kind of trial mode for this essay's primary study.then,the author analyes two positive functions that the appeal trial mode can made in criminal procedure.The chapter two make a comprison to the appeal trial modes of western countries on the ability to fulfill the two goals of the criminal procedure.based on the superiority of the continued trial mode,and the international thend that most countris are trying to chang their appeal trial mode to be like the continued trial mode,and considering the troubles that we suffered both in practice and theroy,the author proposes establishing the continued trial mode to be the major trial mode in criminal appeal instanses.The chapter three analyzes the defects of our country's current appeal trial mode in criminal procedures.pointing out that these defects do accelerate the formalization of the criminal proceeding.The chapter four, on the bases of the former chapters,aiming at the problems that lie in our current criminal appeal trial mode ,gives some advises.that we should abolish the guideline of thorough examination and establish the principle of limited examination,and suggest establishing the continued trial mode to be the primary kind of trial mode and make an specific procedural constrction of the continued trial mode in criminal appeal cases, meanwhile, confirm the heuristic effection of the other two kinds of trial mode for the constrction of the criminal appeal trial mode.argued that in some particular cases, these two kinds of trial modes can help the judicial resouces to be valid exploited.the author also make a specific procedural construction of the appeal trial mode in death penalty cases,for ensuring the trial quality and avoiding the cases of injustice.The chapter five,at the end of the essay,in order to make the process of reformation smooth,the author points out some additional measures and refoms that should be well considered.