The Primary Exploration Of Interlocutory Appeal System

Nowadays,The appeal system as the core of criminal procedure has got more andmore attention from the theory and practice circle with the strong wish for humanrights and justice.Among the main legalized countries,Intermediate AppellateProcedure which corrects structural errors of procedure and gives relief to humanrights timely,has already made great contribution to the achievement of judicial justiceand human rights. This procedure protects the plaintiff from inevitable harmless andthe embarssment situation where they can not get remedy and fight for therights.That’s because some procedural errors in the criminal cases will takedevastating damage to the litigant,and even the whole procedural structure,whichcan not be remedied by any measures afterward,and make a timely relief necessaryand useful.There is a law proverb that the justice delayed is justice denied,whichmeans without timeliness,any remedies would only be “flower vase”.And relief ontime is instinct demand when the human rights got damaged,and basic requirementsfor justice, which would have universal value on law and morality.IntemediateAppellate Procedure allows both parties to institute an appeal before the judgementcomes into force. However,the theorists and the practitioners still lack necessaryknowledge on this system. In terms of our juridicial practice,lacking of professionalprocedural relief program and only having Criminal reconsideration for proceduralerrors is castigated.Since procedural relief is absent,both parties’s litigiousrights,especially those of the defense are unavailable,which leads to the losing ofbasic impartiality and justice of Criminal Procedure.Among The2012amendment ofthe Criminal Procedure Law,the exclusionary rule make it possible to eliminate theillegally obtained evidence during the trial,which support the construction of theIntermediate Appellate Procedure in China foundamentally. This article is researchingon the Intermediate Appellate Procedure. In the first part,it introduced the basicconcepts and characteristics and analyzed the main functions and effects of theIntermediate Appellate Procedure.By studying and comparing the connected systemand procedure in the major representative countries and regions of the two legalsystems,this article analyzed the necessity and feasibility to establish this system inChina in the second part.The last part of this article gave an initial plan andsuggestions for the construction of the Intermediate Appellate Procedure in China,in order to becoming the direction of our criminal procedure reform,optimizating thecriminal litigation structure, solving some long-standing abuses in our juridicalpractice,and finally achieving the goal to combat crime and protect the human rights.