Research On Criminal Appeal System Of China

The criminal appeal system is an important system of China's criminal procedure, as China's in-depth study of the criminal appeal system, the shortcomings of the system become increasingly apparent. Criminal appeal was involved in a case of Final Appeal, the only way to achieve the right to relief, a good design of the system can effectively protect the legitimate rights and interests of the parties so that people regain confidence in the law and respect for judicial authority. Science of criminal appeals system can prevent the arbitrary exercise of public authority, reflecting the passive nature of justice and moderation in principle. China's current criminal appeal procedure does not have the characteristics of v, the complainant's appeal were difficult. On the other hand, the criminal appeal, the law still exist to maintain stability and achieve the cases of two entities, the value of the real contradiction between the pursuit of entry into force frequently challenged the authority of the referee. The existing appeals system has been unable to adapt to the needs of society, the criminal appeal proceedings against, building applications for retrial procedure is to be reform.This paper is divided into three parts, the body of more than 30000 words.This first part of a criminal appeal procedure exists a major problem. First, the criminal appeal, and commuted difficult to accept. The number of criminal appeals were received small proportion of total appeals, even if they are accepted, due to various effects of the revision is a very small chance. Second, the theme of confusion in the criminal appeal. As the main victim as a criminal appeal with the Public Prosecutor's Office the right to protest the existence of conflicts; the appeal is not the primary and secondary inter-subjectivity, has to the other; laws and units for fringe parties to civil cases the right of the criminal appeal did not make provisions. Third, the two end-Shen Shen a appeal admissible model, the case of the inevitable by many external factors, to some extent affect the realization of justice. Fourth, criminal grounds for the appeal provisions of a general lack of operability, and some do not meet the actual administration of justice. In addition, a number of grounds for the appeal does not include procedural errors. Fifth, the lack of action of the criminal appeals process. Expressed as the admissibility of the parties involved in the review process is not complete closure of; appeals and Shesu no clear boundaries between the letters. Sixth, the criminal appeal an unlimited period, unlimited number of times. The parties can be repeated appeals, many appeals, such a waste of judicial resources, nor the right to help maintain. The seven parties to the criminal appeal costs. Concrete manifestation of a criminal appeal was prolonged and complicated procedures, and economically to spend big.The second part analyzes the problems in the criminal appeal, the main reason. Taken together, the main cause of the problem of criminal appeals, including the impact of a litigation culture, judicial officers subjective reasons, the impact of the historical development of criminal appeals, the proceedings of the defects and social neglect of the criminal appeal in five areas.The third part of the improvement of our criminal appeals system. That part of the full text of focus. Questions in order to solve the problem, the analysis of problems and causes, how to solve the problem is the most important. The article discusses the following aspects of specific initiatives to improve: First, the criminal appeal into the proceedings. Second, the change in the chaos of the main appeals, limiting the victim's right of petition, the provisions of the order of primary and secondary subjects of the criminal appeal, clearly incidental civil action a party has no right to a criminal appeal, establish units in the dominant position of the criminal appeal, in particular, and protecting the inmates of the criminal right to appeal. Third, improve the jurisdiction of the criminal appeal. To facilitate the parties to litigation and investigation of a case, the admissibility of the appeal the court set the trial court more properly; to implement an end-Shen Shen, in order to facilitate efficiency of the proceedings; the same time, distinguish Procuratorate and the court of criminal appeal, the right to prevent the duplication of the appeal occurred. Fourth, the reasons for the criminal appeal is conducive to the defendant and the defendant is not conducive to the distinction, while procedural error into the grounds for the appeal. Fifth, improve the criminal appeals process. This paper presents the application for retrial procedures should be established, and the operation of the specific procedures have been designed. Sixth, a reasonable set of limitations and the number of criminal appeals. In order to avoid repeated, multiple appeals, the provisions of the criminal appeal and frequency of such reasonable period as is necessary, which also contribute to the timely realization of the right. Finally, the criminal appeal system is a systematic project to improve co-ordination of appeals related systems required, such as improving the trial process, lawyers involved in the appeal procedures.