Criminal Appeal Hearing Range Research Program

The criminal appeal trial is refers to the criminal procedure of second instance, the court of second instance for appellant or at the time of the procuratorial organ, made by the court of first instance verdict is not yet in force or ruling limit should be followed for trial at. In order to guarantee the impartiality and judicial authority, as long as it is found not a legally effective judgment errors exist, whether it is in fact mistakes or errors in law application, the higher court should be corrected. So, in order to litigant’s legitimate rights and interests of the most effective relief, the criminal appeal trial scope should be comprehensive, not restricted. However, in the lawsuit practice, conflict with the comprehensive review of some important value principle and justice. This paper aims to outline the scope of criminal trial of the second instance, discusses the theory basis of the criminal second trial from the theory of power restriction, litigation justice and litigation efficiency principle these three aspects. Comparison of the two legal system countries criminal second trial, of our country criminal second trial and the status of the existing problems in the practice, gives some information on the reconstruction of China’s criminal trial of the second instance range.This paper is divided into four parts.The first part, explain the criminal second trial meaning as well as the theoretical basis for determining the scope of the criminal trial of the second instance.The second part, the legislative investigation of foreign criminal second trial. Introduced the common law countries such as Britain, and continental law countries such as France, Germany USA, Japan’s criminal second trial, compared with the two major legal system country criminal second trial of similarities and differences.The third part, the criminal trial of the second instance of the theoretical controversies. Outstanding comprehensive review said introduced the legal basis and value orientation of a comprehensive review of the principles of. Instead of a comprehensive review that embodies the shortcomings of a comprehensive review of the principles of.The fourth part, from the main body of appeal to the people’s Procuratorate, the victim for protest, the four aspects of reasons for the appeal or protest, and review of the appeal, appeal cases to introduce the status quo of China’s criminal trial of the second instance range. Practical obstacles of a comprehensive review of the principles in criminal procedure in China is mainly reflected in the comprehensive review may result in its nature and trial runs counter to the purpose of judgment and appeal procedures limit. In view of this, on the reconstruction of China’s criminal second trial put forward the following suggestions: legislation grounds of appeal; the issue of fact appeal or protest is part review; legal issues of appeal to undertake a comprehensive review on the legal issues of the protest; review; the defendant does not appeal to reason to undertake a comprehensive review; the co defendant’s depending on the circumstances of different processing methods; judges to the trial object reasonable expansion; the death penalty cases should be comprehensive trial; strengthen the procuratorial organs to protest a gatekeeper function. And made the assumption about the criminal second trial system.