Standardization Of Second Criminal Trial Protest

Second criminal trial protest the local people’s procuratorates the same level people’scourt of first instance the referee does have the error, the higher level people’s court to file aprotest. Protest the establishment of the second trial the original intention is the country’sprocuratorial power to restrict the jurisdiction of the courts, as the main way of criminalprotest, to implement the criminal justice policy of combining punishment with leniency, theimplementation of the principle of mistakes must be corrected, and maintenance of theaccused, victims andsocial and public interests, to prevent corruption in the judiciary reality,toachieve fairness and justice paly a postive role.It plays an important role to correct an error oflaw uniform law applicable to the maintenance of procedural fairness and protection of humanrights.The second instance protest procuratorial organs to fulfill their supervisoryfunctions,however, in China’s judicial practice, the second criminal trial protest, there aresome problems, the existence of these problems restricting the procuratorial organs to exercisethe right to inspection and supervision.They are mainly: First, the relevant laws andregulations are too principled, more difficult to operate, and the lack of the necessaryrestrictive conditions. This has led to a number of cases of second instance protest too few, theprotest is not high quality and protest unexpected results, making the protest system does notplay its due role in the functions of the trial supervsion;Second, China’s second instanceprotest the concept needs to be updated sound.The procuratorial organs in the second instanceis a case of public prosecution in a protest against a preference, felony QingPan case, thus ofprivate prosecution and criminal and attached civil case in the course of the neglect of theprotest; Third, the victim of the protest of procuratorial organ in the course of the right is notpractical role in the constraints the actual operation of the process to the procuratorial organsis not a protest against a decisive impact, leading to the right of the victim in the course of theprotest fause.This paper is trying to the perfect method.Is mainly from the macro and micro perspective to regulate the system of counterappeal second instance,and the main focus of thesecond instance put some perfect the system and its existing problem,under the premise ofperfect relevant law is conductded on the basis of appropriate adjustments to adapt to thedevelopment of the social needs.Finally in the court and procuratorate inspecion two authorityon guidesearch for ways, change the idea, and puts forward the case criterion cinformity in thecourse of the protest program,so as to exert the function of the protest.