Try To Rebuild Trial-grade System Of Criminal Procedure In China

Trial-grade system of criminal procedure is an essential part of criminal procedure system. There will be trial-grade system problems provided there is court hierarchy differentiation. Trial-grade system designs directly affect trial efficiency and the degree of realization of justice. Within a long period, the two concepts "level of trial" and "trial-grade system" which related to each other but still different, have been confounded in China's criminal law theory. Trial-grade system should be designed as a programmatic system with a variety of other suited criminal justice systems, rather than designed as a single criminal justice system. The existing trial-grade system of criminal procedure in China is simply called "Four-grade two-tiered system". However, the real situation is that it is not "two-tiered system" but the trial-grade system which two-trial system as the main combined with the death penalty review procedures and procedures for trial supervision as the supplement. "Two-tiered system" has a number of disadvantages in terms of the form and content. In order to compensate for these defects, it is necessary to consider generally on the basis of re-examining the appellate trial, to transform procedure of first instance and the retrial procedure, and to construct a new three-tiered trial system.