A Study On The System Of Protestant Second Trial

In China, criminal prosecutorial protest for second system is an important component of the criminal procedure which played an important part in the second instance. It has a very important significance for the procuratorate perform supervision by law in the second trial protest procedure, but at present the work are still issues, such as less appeal cases, low quality and adverse social effect. If the situation is not resolved in time, will be seriously hampered the normal development of the work, undermine the prosecution’s trial oversight functions and the value of the justice and Human Rights can not be achieved. So it’s practical significantly for research on the protest of criminal appeal system.This article suggestions and Countermeasures to improve criminal prosecutorial protest for second system by social investigation and comparative analysis. The first part discussed the basic theory of the criminal prosecutorial protest for second syetem, analyzes the characteristics and nature, clear the legal function.The second part introduces appeal system of Two Legal State and then comparison with ours. By discussing to find a reasonable and advanced the principles of composition. Then we discuss the criminal prosecutorial protest for second instance in China, cited the outstanding problems of this system. Finally for the practical problems, rational reflect and summary, to propose a solution which including legislative proposals and the construction of the system that it will be perfect the system of criminal appeals of second instance.