Perfection Of The System In Chinese Criminal Law Recertification

In the process of handling criminal cases, a reappraisal often occurs. After being informed of the expert opinion by judicial organs, the parties will apply for reappraisal if they are not satisfied with the expert opinion. The starting procedure of reappraisal is diversified currently in our country. The possibility that the expert opinion of reappraisal is not consistent with the original ones may trigger multiple reappraisals. There exists a wide variety of judicial expertise institutions in our country, with the expert opinions varying significantly from one institution to another. When it is hearing a case, usually the court has no way of handling multiple expert opinions and no idea of which piece of evidence to admit. The chaotic situation of reappraisal results in the reduction of lawsuit efficiency and the waste of judicial resources, thus judicial justice can not be well embodied.Beginning with the starting procedures of appraisal, this paper looks for the problems existing in the starting and implementation procedures of reappraisal, analyzes the causes of different kinds of problems, raises concepts for solutions, and finally perfects the procedures from the legislative angle, with the goal of constructing the reappraisal systems such as "subject of reappraisal decision centralization","professionalization over reappraisal institutions" and "the two final reappraisal system", which conform to the situation in China. This paper analyzes the external, internal and human factors resulting in various reappraisal problems, raises that a new section about reappraisal shall be specifically established in the Criminal Procedure Law, regulating that the decisive right to reappraise should be exerted solely by the procuratorial organs, unless it is found that the reappraisal opinion does have some errors, or new evidence shows that the opinion has some defects or errors. This paper also raises that the Criminal Procedure Law should regulate the appraised’s rights and duties and the punitive measures for breaching the duties. After the People’s Procuratorate starts the reappraisal procedures, if the appraised individual refuses to perform the duty to cooperate with the appraisal after being informed twice, the People’s Procuratorate may impose a fine below20,000yuan on him. If necessary, a summon-by-force measure may be adopted to compel the appraised individual to be present to be appraised. It can be added to legislation that as for the situation in which the appraised individual refuses to cooperate with reappraisal after being worked on, the People’s Court, when hearing a case, may admit evidence unfavorable to him in accordance with the criminal procedure concept of "no punishment in doubtful cases, suspected crimes leniently". This paper stipulates that the reappraisal time should not be included into the time limit for handling a case. The payment methods for reappraisal fees are also stipulated, that is, under the circumstance that the reappraisal is applied for by the parties, if the original appraisals do not have any defects or mistakes in procedures, methods, materials and so on, the applicant parties shall bear the fees for reappraisal. This paper also raises that rules should be established for the People’s Court to admit evidence and the opinion admitted should go through the cross-examination procedure in court.