The Research On The Harmless Error Doctrine Of The Criminal Appellate Procedure In America And Its References

As a result of the game between the procedural justice and substantive justice, harmless error doctrine has been regarded as guide to American Appellate courts. The doctrine allows appellate courts to tolerant harmless error of lower court, which avoids cases being mechanically reversed. Jurisdictions have adopted the harmless-error doctrine to reduce high cost of retrying cases. Procedural sanction system consists of harmless error and the exclusionary rule of illegal evidence. However, it is prevalent in our country that courts are faced with absence of litigation efficiency and procedural sanction system. Therefore, considered situation of Chinese criminal procedure, the harmless-error doctrine has been an available reference for us, and it will perfect our criminal appeal procedure.Criminal appeal review in America is different from our country’s comprehensive review, because appellate courts only review and correct legal errors. As a member of common-law system, American appellate courts’attitude to the flaw of trial court has been changed from strict restraint to gradual allowance. Faced with the pressure of the increase of litigation, American appellate courts adopt the harmless-error doctrine to resolve contradiction between efficiency and justice. The doctrine establishes the rule that appellate courts will dismiss the appeal if no substantial miscarriage of justice has actually occurred. In other words, trial court’s errors that have no influence on the appellant substantial right will not result in reversals. Harmless error satisfies the judicial actuality. It will improve efficiency of appellate courts. However, the doctrine of harmless error in criminal cases has been controversial from the very beginning. Appellate courts think that it will amend the conception of absolutely perfect trial. But, some scholars insist that the doctrine will give courts excuse to abuse its power. Meanwhile, it will usurp the jury’s power and appellant’s right. Recently, discussion about the doctrine has never been stopped. Although it has been doubted in theory, American appellate courts and the federal Supreme Court have advocated the doctrine of harmless error. Due to the lack of uniform standard about harmless error, the American federal courts affirm the standard of harmless error application by many judicial precedents. It will promote the regulation of the courts’ power and the application of harmless error.Our country carries out the principle of comprehensive review in criminal appellate cases. The review not only consists of legal and factual problems, but also is not limited to appellant’s point in the appeal. Trial errors are divided into legal problems, factual problems and procedural problems by appellate courts in our country, which is different from the situation of America. These characteristics lead to the differences of appellate review between China and America. But it doesn’t mean lacking basis of harmless error doctrine application, in contrast, harmless error doctrine can be wide used in our country. On the one hand, we do not have the jury system. On the other hand, the different classification on trial errors will not effect the application of harmless error.In addition, the construction of harmless error doctrine will perfect appellate review of our country. Harmless error doctrine will also make the exclusionary rule of illegal evidence complete. The Appellate courts’ judgments are usually too general. The reasons and procedures are hardly open to appellants, which makes appellants use other ways to solve their problems. The application of harmless error doctrine will strengthen process of analysis in appellate procedure. Reasons and analysis process are described in judgments, which will also make appellant understand trial courts’ verdict. Meanwhile, appellate courts can easily figure out the influence of illegal evidences on verdict by establishing harmless error doctrine, which will help appellate courts to make decisions. It will complete the exclusionary rule of illegal evidence and perfect procedural sanction system in our country. Harmless error doctrine should be established basing on the situation of our country. Meanwhile we have to realize the necessity and feasibility of the doctrine and the barriers and solutions during the establishment. By summarizing these problems, we can find the theory basis of system construction. Specifically, we have to define the scope of application, standard of analysis, procedural regulation and so on. In a word, Chinese harmless error doctrine in criminal appellate review can be constructed from all these aspects.