Apply For A Retrial Of The Criminal Investigation Report

Criminal appeal is an important criminal litigation system. China's current criminal procedure law: if criminal cases of the parties and their legal representatives or close relatives refuse to take effect to judge of the people's court made. May apply to the people's court or the people's procuratorate filed. Obviously, This is a survey about the right remedy lawsuit system. It's the important means after the party finds the court decision error. It is of great significance. However, the current criminal law only make principle provision for the appeal body, renson and jurisdiction.It's no rules on how to accept, and how to examine the processing of cases. which is not conducive to the realization of the purpose of criminal appeals. Therefore, must to the reform. The reform of the criminal appeal system, the criminal appeal in criminal procedure, the criminal appeal became law on the significance of the " V", namely the application of retrial.This paper is for the practice of research reports, and divides into three parts:The first part: Through the mainly for the criminal prosecution appeal, the main complaint, duration and frequency as well as the corresponding acceptance, review process for practice research conclusions are characteristic analysis. Objectively to show the specific judicial practice of criminal appeal of the status. Part second: through the practice of survey data and related materials the comprehensive analysis, to find the criminal appeal system's deficiencies and problems in the judicial practice. Mainly emboding in the main, reason, time limit and acceptance, review procedures and other aspects. These problems just provides legislative and judicial reason for the reform criminal appeal system. Part third: integrated the two parts of contents.Pertinently put forward relevant legislation, judicial suggestions. In order to further improve the criminal complaint and related system. Particularly it is suggested to apply for a retrial to make a complete system design, perfect the system in all aspects of regulation, and establish the application for retrial system. Through the system, the existing appeal system thoroughly into the criminal litigation track to be strictly, make a" V", finally realizes the appeal system of lawsuit purpose to solve the Existing problems of the current appeal system in the judicial practice.If the criminal appeal system design is scientific, reasonable, not only related to the people's Court of criminal jurisdiction of res judicata, but also relate to the national penalty system implementation of justice, judicial organ of the state 's social credibility and the litigant legitimate rights. Scientific, reasonable criminal appeal system plays a positive role to safeguard the lawful rights and interests of parties, and to realize social fairness, justice. it is not only the national judicial reform need, but also the construction of Chinese characteristic socialism country under the rule of law need.