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Study On Criminal Appeal System

Posted on:2013-11-11Degree:MasterType:Thesis
Country:ChinaCandidate:R Y LiFull Text:PDF
GTID:2246330374459557Subject:Law
Abstract/Summary:PDF Full Text Request
Criminal appeal is not only a kind of relief means to protect the vital interests of the parties, but also is an important system to defend justice and legal authority. Scientific criminal appeal system can effectively restrain the abuse of public power.Our current research on criminal appeal system is lack. The comparatively weak theory foundation is unable to effectively guide the complex and large number of practice. At the same time, China’s current criminal procedure law on Criminal Appeal Rules is a little rough. The legislation of the system needs to be improved, so as to better guide the judicial operation.Appeal right is a basic right of the citizen. The right of criminal appeal is the embodiment of the appeal right in the field of criminal procedure. This paper studies the basic contents of the criminal appeal and reviews the Chinese criminal appeal system’s development history. Review the two major law countries systems’development history of the criminal appeal system. Attempts to analyze China’s current criminal appeal system’s existing question, and puts forward some suggestions to improve the criminal appeal system.This paper explain the contents on the criminal appeal system by taking four parts:The first part is an overview of criminal appeal system. To clarify the concepts of criminal appeal, nature, value and theoretical basis.The second part studies the evolution of the criminal appeal system. Take the Chinese and western criminal appeal system history as the research objects to know more details of the Chinese and foreign criminal appeal system development skeleton, by using the means of historical analysis and comparison analysis. Priority research the status quo on two major law countries criminal appeal system.The third part discuss the current criminal appeal system’s problem. From the point of the appeal main body, the legal reason, appeal effectiveness, appeal over time, etc to analyzes the shortcomings of the current system and analyze the cause of the problem.The fourth part research the road to improving our country’s criminal appeal system. Help to find the reform way for China’s criminal appeal system.
Keywords/Search Tags:Criminal Appeal, Application for retrial, Deficiency, Suggestion
PDF Full Text Request
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