Study On The Reform Of Chinese System Of Criminal Trial Grade

The system of criminal trial grade is an important content of the criminal justicesystem, the setting of the system of criminal trial grade is scientific and reasonable ornot has related to the fairness justice and efficiency and finality of the value goal ofthe justice. But at present in our country,because of the insufficient of the authority ofjurisdiction of the court, some difficult cases go through several times of the trial andthe retrial, after the parties constantly appeals and complaint. Then resulting in theawkward situation of continuously and difficult to end the case. It always makes thesystem of criminal trial grade as nominal. Therefore sets up the authority ofjurisdiction of the court to strengthen the function of the system of criminal level havegreat significance.This article in addition to the introduction divided into four parts, for a total ofmore than twenty-six thousand words.Part1: the summarization of the system of criminal trial grade. In this part, itelaborates the different understanding of the trial grade system from different scholarsfirstly, and then generalizes the basic contents of the system, and analyses the valuebasis and juristical basis of the system, at last analyses the function of the systemPart2: the inspection of the system of criminal trial grade in the foreign country.Firstly, it inspects the general shape of this system in Germany, France, Britain, andthe United States as a representative of the western countries. And then summarizesthe basic features of the foreign criminal trial grade system, that is, it identifies thefact of the misdemeanor repeatedly and the fact of felony only once. And then itanalyses the two different systems. Eventually it comes to a conclusion of theformation conditions of the trial of clean break.Part3: the research of the current criminal trial grade system of China. Firstly itelaborates the formation and content and reason of the second instance being the finalinstance system in brief. Then it points out the crux of the criminal trial grade systemof China through the analysis of the present situation of the system of China. The cruxof the criminal trial grade system of China is the insufficient of the authority ofjurisdiction of the court. Because of the insufficient of the authority, some casescontinue to retrial. It always makes the system of criminal trial grade as nominal. Part4: the thinking of perfecting the criminal trial grade system of China. Firstlyit analyses the reform plan of Third instance being the final instance system of manyscholars. And think the reform plan of Third instance being the final instance systemis not the way out of the reform of the criminal trial grade system at present in ourcountry. Then according to the crux of the system, it establishes reform principles andreform thinking. That is, based on the existing system of the second instance being thefinal instance, with the aid of social public power, setting up the “shadow jury” to setup the authority of the jurisdiction of the court gradually. And after that, it will extendthe shadow jury to more cases, which may lay the foundation of the probable reformin the future. And according to the reform thinking, it makes initial, middle andforward planning and detailed measures of the reform of the criminal trial gradesystem.