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Crminal Appeal Procedure Research

Posted on:2013-07-05Degree:MasterType:Thesis
Country:ChinaCandidate:Q GengFull Text:PDF
Abstract/Summary:PDF Full Text Request
The parties and their legal representatives, close relatives of a people’s court judgment that there were errors of criminal appeal, this is the law entrusts with the citizens rights, but also bring the trial supervision procedures of the important material source, or make wrong judgment corrected important way. Visible, the criminal complaint in the correction of miscarriages of justice, the ultimate realization of judicial justice, has its positive function. However, China’s current criminal appeal system, either in its system construction, or in practical operation, there are some problems and shortcomings, the legislation is too careless, system is not complete, procedures are not standardized, which is not conducive to the realization of the purpose of criminal appeal, the criminal appeal system should function did not fully play.So for the criminal appeal system reform, it is very necessary. This paper from the criminal appeal procedure of reflection and analysis, and the criminal appeal procedure of some specific design of the system, with a view to the criminal appeal of the reform to provide beneficial help.The first chapter of this article:the criminal appeal system. According to the criminal complaint meaning defined, and the criminal appeal system legislation present situation carries on the elaboration, makes clear that our country now the criminal appeal system is a kind of institution. And in the end that demonstrates the criminal appeal has the characteristics of suit, the criminal appeal procedure nature of the argument, in order to make the criminal appeal to litigation, and to change the current situation of the criminal appeal case.Chapter second:of our country’s criminal appeal system analysis of the existing problems, and explore the reasons. With a view to the criminal appeal system provides a reason and direction of reform.The third chapter discusses the criminal appeal procedure of necessity, introduced the criminal appeal procedure of benefits.The fourth chapter is the criminal appeal procedure of specific design, the establishment of criminal retrial proceeding, and from the retrial subject, reason, jurisdiction, to review the admissibility procedures and other aspects on the appeal procedure design for specific design proposal.
Keywords/Search Tags:criminal appeal, procedural justice, lawsuit efficiency, procedure design, application for retrial
PDF Full Text Request
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