The Criminal Second Trial Term System Research In Our Country

System of the criminal second trial period is about criminal appeals courts judicial authority required to comply with the legal time limit of the system. Trial period limit system as an important system in the procedural law, for protecting human rights and other parties fairness and efficiency, maintenance is of great significance.Criminal completion time system of our country has a long history, as early as the spring and autumn period and the warring states period about criminal trial period, the first recorded in1979by the "criminal procedure law of the People’s Republic of China officially on system of criminal trial period, and was from the current criminal procedure law of our country. At present our country about the regulation of system of criminal trial period mainly reflected in the criminal procedure law and relevant judicial explanation, its basic content includes criminal second instance trial period regulations, extend, recalculate, and is not included in the trial period.Criminal second instance trial period system is the important system guarantee lawsuit fairness and efficiency. Reasonable criminal trial period can not only ensure the public security punishment in a timely and accurate manner and cracking down on criminal judicial organs, faster recovery destroyed by criminal behavior of social relations, and can effectively prevent the defendant be indefinitely detained, guarantee the legitimate rights and interests, and to maintain the balance between punishing crimes and protecting human rights, achieving procedural justice and substantive justice. And the trial term system can maximize the realization of lawsuit efficiency.System of the criminal second trial period through the set time limit for the behavior of judicial organs, aims to encourage public security judicial authority as soon as possible to complete its lawsuit behavior, prevent litigation delay and detention, and make full use of the limited resources of litigation. Each case workers but in practice, the judicial organs in several cases at the same time, the time limit and some case about, in order to complete the task, in order to pursue the so-called "efficiency", some investigators will inevitably perfunctory, cause caocao end, make justice can’t be done.So, the criminal second trial judges must firmly establish the concept of justice and efficiency. Justice and efficiency is the goal of the criminal procedure, is also the starting point and the ultimate aim of the criminal second trial procedure, both of them should not be ignored. The criminal second trial period problems directly related to the second trial efficiency, but the premise is must ensure that criminal justice, including entity justice and procedure justice. Therefore, appropriate to extend some criminal second instance trial period is beneficial to correctly handle the relationship between the justice and efficiency, allowing judges to follow the basic principles of "fair priority, and also give consideration to efficiency", in the protection of criminal justice under the premise of complying with the legal time limit of second instance, improve the efficiency of criminal case handling.Although the criminal second trial term system in our country has formed a system of rules, but the system still has a lot of problems and deficiencies in the judicial practice, stealth super time trial problem also happen from time to tome. It not only harm the judicial authority, and violated the legitimate interests of the parties. System of the criminal second trial period in China, therefore, to revise and perfect the legislation on the basis of, should also strengthen the related theory of cognitive and perfect the relevant supporting measures, makes the criminal trial of the case can close the case within the statutory time limit, a high degree of unity ensure fairness and efficiency.