Reviews On The Principle Of Comprehensive Review Of The Second Criminal Trial

Reference to the principle of the second criminal trial review of the world,it can be divided into two categories: the limited review principle and the comprehensive review principle. The former refers that the second court shall review the case within the scope of appeal or protest, on this basis, render a decision on the case. The latter refers that the second court is not limited by the scope of appeal or protest, then the trial judge found the facts and applicable law to conduct a comprehensive review and render a decision. And the principle of limited review in most countries is different from China's "Criminal Procedure" since the implementation of the principle of the comprehensive review, which is an essential principle of the second instance. It contains a wealth of contents. Parties appeal or protest almost without restriction. The second instance court conducts a comprehensive review to the judgment of first instance. The Establishment of the comprehensive review principle in China is closely related to the specific judicial background.With the proceedings of the incoming wave of reform, people have began to doubt its rationality and effectiveness. The principle of the comprehensive review is not only conflict with the modern procedural justice and other important values of justice, and there are defects in theory, but also the mismatch between legislation and practice did not let it play its due effect. The second criminal trial process "virtual home" is becoming more prominent. At the same time facing China's current wave of judicial reform, the parties'rights of action in produce are enhanced, affecting the conduct of the proceedings. Judiciary simplifies the process in pursuit of efficiency. The principle of the comprehensive review conflicts with the values of these changes. Schools therefore have launched the principle of the comprehensive review in the second criminal trial on the abolition of war: one Class advocates abolition of the principle of the comprehensive review and implement the principle of limited review to learn the Western model. The second trial court will be limited to appeal and protest of the range; the other Class advocates in our two trial-level trial system model, the principle of the comprehensive review should be modified and improved. I believe that the principle of the comprehensive review exists of many issues in theory and practice to our attention, but in the current judicial climate, revising and improving it is the pragmatic choice.