On The Mode Of Criminal Trial

No trial without judgment, criminal admit of no exception whatsoever.2012 new revision of the law of the people’s Republic of China criminal procedure law expanded the trial on the case range, while still continue along upheld the principle of the comprehensive review and distinguish a case of appeal or protest and take different trial method. On the principle of the trial, the trial of the second instance trial is the exception, but the vast majority of cases are still in the investigation of the non trial mode, and the judicial practice and the law of "two skin" phenomenon. The reason is that there are some defects in legislation and judicial problems, as well as the deficiency in theory. Procedural justice, procedural benefit and the nature and function of the criminal procedure of second instance are the key theory of the second trial, and it is not just a simple choice, but more important, it is related to the second trial, the decision of the trial, and the process of the trial. From the relevant theory, the author tries to sort out the legislation and practice of criminal procedure law in China, then analyzes the problems in the trial of criminal trial, and then proposes some suggestions on how to improve the quality of criminal trial by five aspects:the scope of trial, the court of reform, and the improvement of the trial procedure.