Scope Of The Criminal Trial Of Second Instance

Under the trial level system of our country, the genuine Retrial and trial of law do not exist causing that the function of prosecutorial protest does not work. Therefore It is necessary to establish model of the third instance as the final and abolish principle of through check-up, at last build limited judicial examinations on the basis of the theory of Procedure Justice in our country. Trial on appeal should be in the range of prosecutorial protest and criminal prosecutorial protest and same confirm bounds between fact issue and legal problem. Our country should establish effective system of preliminary hearing and lawyer should play role in prosecutorial protest. Regular rule of criminal retrial procedure should be made up for criminal prosecutorial protest, enlarge the right of court check to criminal prosecutorial protest. In order to establish the foundation of fact——finding, we should perfect criminal first instance.At last, all reforms would been established before procedure Justice and judicial independence have been build.