Research On The Review Scope Of The Criminal Procedure Of The Second Instance

Review scope of the criminal procedure of the second instance, which is regulations by national law, in the criminal procedure of the second instance (also known as criminal appellate proceedings), on appeal of the parties or prosecution because of the protest, made by the trial court and the decision not yet in force, and the court of second instance should follow the boundary limit. It has a great importance in the entire criminal proceedings. Therefore it can not be avoided on research the legal theory of criminal procedure. However, in the current in our legal theory research on this topic is not very deep and always stay on the current world-wide more popular review of the two methods ("comprehensive review" and" part of the review") with the comparison of conceptual which one is better, particularly lack of analysis the developed countries rule of law, with specific circumstances to the causes of "part of the review " Therefore, this article attempts to base on scholars in the past, to systematic study the review scope of the criminal procedure of the second instance.Article is divided into introduction, body and conclusion, in which the body is divided into three parts:The first part, General theory of the review scope of the criminal procedure of the second instance.This part starts with the basic theory (concept, characteristics, significance and classification) of the review scope of criminal procedure of second instance .Through study the value and function of the second instance , defined the review scope of the criminal procedure of the second instance which has play a significant impact to achieve the entire value and ought to function of the criminal procedure of the second instance.The second part, Review scope of the criminal procedure of the second instance in the comparative law. This part selects four countries world today, which developed rule of law. The United States, Britain, France and Japan, as an object of extraterritorial study. Study the review scope of the criminal procedure of the second instance in the judicial practice and theoretical research of above four countries. Finally , analyzed the reasons of the "part of the review " in the four countries. The third part, Construction the review scope of China's criminal procedure of the second instance. This part starts with the status of the China's second criminal trial review, Analysis the problems in "comprehensive review" principle of the criminal procedure of the second instance. Trace the factors of China's "comprehensive review" principle has been established. Finally, combine the first part's fundamental analysis and the second part's comparative analysis, proposals how to reconstruction our review scope of the criminal procedure of the second instance.