Study On Precuratorial Organ’s Improvement Of Legislation On Procedures For Handling Cases Of Criminal Appeal

The procuratorial organs handling cases of criminal appeal procedure is one of theimportant ways to realize the legal supervision of the procuratorial organ which theconstitution authorizes. Through reviewing the criminal appeal cases, the procuratorialorgans on the one hand, can achieve effective supervision on the judicial organs andtheir staff who have made the judicial behavior, on the other hand, can also realize thelegitimate rights of the parties to criminal cases. Therefore, it has great significances forhandling criminal cases legally and fairly, resolving social contradictions from thesource and reducing the petition cases. After several years’ work in the accusations andcomplaints department of the procuratorial organ, I have a more in-depth understandingof criminal appeal procedure. So this paper discusses from the aspect of criminal appealprocedure handled by the accusations and complaints department. In practice, theprocuratorial system pay great attentions to the work of criminal appeal of theaccusations and complaints department, the higher authorities also assess the lowerbodies by making strict assessment criteria. But the work of criminal appeal has notachieved significant results and there are all aspects of the resistance in realizing thisprocuratorial functions. The reason is the" Criminal Procedure Law "is too abstract andprinciple in handling criminal appeal procedure， so the accusations and complaintsdepartment in handling criminal appeal procedure lacks sufficient legal basis and has alot of freedom.Before the revision of the " Criminal Procedure Law ",there are no strictly limited inthe complainant order, reason, deadline, times of handling the criminal appeal procedureand there is no clearly defined in jurisdiction division, meanwhile, the handlingprocedures are not standardized and the transparent degree is not high. This will causethe complainants can not believe the results of the review, so the criminal appeal casescan not be really resolved. The revised " Criminal Procedure Law " and "The people’sProcuratorate rules of criminal procedure(trial)"(hereinafter referred to as "criminalprocedural rules") expand the scope of criminal appeal handled by the accusations andcomplaints department, increase the power of handling the criminal appeal cases, refineand supplement the conditions of retrial.Although these modifications would produce acertain effect on the treatment of criminal appeal procedure, but can notfundamentally change the present situation. Therefore, the paper is mainly from thesesix aspects to improve the procedure of criminal appeal cases of the accusations andcomplaints department of the procuratorial organs. That is giving a clearly definition ofthe complainants order to exercise the rights and the protection of special subjects,fixing jurisdiction relatively between the procuratorial organs and the courts, as well as the internal of procuratorial system, limiting the deadline and times of exercising therights, defining the appeal reasons in the law, enhancing the clarity of the review periodand the openness of the procedure, strengthening the review results of execution. Thespecific law provides a good basis for implementing a system, then put each step of thecriminal appeal into the legal norms, solve every criminal appeal cases fundamentally,finally achieve the unification of legal effect, social effect, political effect.