Study Of Criminal Appeal

"Where there is no remedy there is no right", however "where there is action there is remedy" , therefore right of action is the medium of the way to remedy. Litigious right had been institutionalized in Roman law. And then right of action was gradually theorized systematized in the argument of the theory of civil law right of action, the theory of public law right of action, the theory of denying right of action and the theory of dual right of action. The constitution of French Civil Statute is the sign that right of action was deep institutionalized. With the constitutionalization of right of action, right of action has belonged to the category of human right. However, through the history of right of action, the law and the theorist define right of action into civil right of action. With the development of three procedural law, it has been birth that the opinion of constructing criminal right of action and administrative right of action.Human right has been widely concerned, because human right is probably violated, and right of action is the form of human right in the procedural law, the construction of criminal right of action is the key of the protection of human right in the criminal procedure. The study of criminal right of action depends on the analysis of the basic theory of criminal procedure, but it is decided that the construction of criminal right of action is based on traditional theory of right of action because of the inequivalent development of the three right of action. Right of action is the mutual concept of three procedural laws, so the introduction of the generalized concept of right of action is theory precondition of the construction of right of action. So the logic path from right of action to generalized right of action to criminal right of action promote the deepness of the theory of right of action.It is the precondition of construction of criminal right of action through the analysis of the concept, character, meaning and the study of interior relation, exterior relation about right of action. It is dredging pipe machine for the practice of criminal right of action that the theory of action is imported in the criminal procedure. There are deep reasons that right of action is lacked, it is the disturbance of historical element, the disregard of equality of right of action, the suspicion of disposal of right of action. It is necessary that right of action is imported with...