Research On Accepting And Reviewing Criminal Appeal Case Of Court

The criminal appeal procedure is a very important way for the plaintiff to request relief. Also, it is a very important source of materials for the people’s court to start the trial supervision procedure. The procedure of the people’s court accepts and review of the criminal appeal case is an important way to realize the right of appeal. China’s “criminal procedure law” and the Supreme people’s court’s judicial interpretation do not have a clear stipulation,leading to the plaintiff’s right of appeal can not be guaranteed and can not guarantee their criminal appeal get a fair treatment.therefore, the current criminal appeal procedure operation need an reform,so as to adapt to the reality of judicial practice.This paper is divided into four parts:The first part introduces the “criminal procedure law” and the Supreme people’s court’s judicial interpretation on the case of criminal appeal. The “criminal procedure law” and the Supreme people’s court’s judicial interpretation stipulate that the case of the criminal appeal should be dealt by the original final people’s court. The plaintiff‘s appeal request shall submit the materials in accordance with the with the law.the way of the review of the people’s court of appeal materials include the form of review and substantive review. at the same time,the review on criminal appeal mainly on written review and complete the review within the stipulated time by the law.Also,it regulate that the complainant shall have the right to entrust a lawyer to appeal, the people’s court accepted endows lawyers involved in criminal cases and review of the right of appeal.The second part explain that the court accept and review the existing problems in the case of the criminal appeal. Firstly, the court accepts and reviews the unreasonable jurisdiction of the criminal appeal cases. The people’s court accepted by the original final and review cases belong to the people’s Court of criminal appeal is a self supervision behavior, which is an unfair treatment to the case. Also, it is a challenge to the authority of the judgment and the supervise program. Secondly, the court’s procedure in accepting and reviewing case have defects.There is no clear distinction of the time between the people’s court accepted the case and review of the criminal appeal; the way of review the criminal appeal case is administrative review in writing; lacking specific stipulation about the admissibility and review of the case; judge reasoning insufficient on dismissing the appeal application points. thirdly, in the court’s accept and review cases, the lawyers do not have sufficient chance to take part in.The criminal appeal stage lawyers involved in the problem is only stipulates the judicial interpretation, there is no specific provisions subject, entrust a lawyer and lawyer number specified problems; there is no clear provisions of the law about the lawyer’s ID in the criminal appeal stage. There is no relevant laws regulate the rights and obligations of the lawyer in the stage of the criminal appeal review stage.The third part introduces the extraterritorial application for retrial of the case in the stage of acceptance and examination. In the continental law system countries, the German law, from the original final people’s courts at the same level of other people’s courts in accepting and review the application for retrial; French law, application for retrial by a guilty verdict Review Committee Special acceptance and review, the Committee judges from the Supreme Court judges; Russian law, apply for the supervision put forward to the Russian Federation the supreme court criminal tribunals or military tribunal; the Japanese law, application for retrial by making the original judgment of the court of jurisdiction. In the countries of Anglo American law system, Britain by the Criminal Cases Review Commission acceptance and review of criminal retrial cases, and the provisions of the specific examination procedures; America through post conviction appeals system acceptance and review the application for retrial. The two legal system guarantee the acceptance and examination of the lawyer participates in the retrial application right, guarantee the retrial applicant entrusts a lawyer’s rights.The fourth part proposed our country’s court’s measure in perfecting the criminal appeal procedure of accept ant review the case. This part is the focus of this paper, mainly related to the improving measures are put forward from the following aspects: Firstly, clearly regulate that the court accept and review the case should follow these principles: the local separation principle, public examination principle and lawyer participation principle; Secondly, clearly regulate that the court accept and review the criminal appeal case should implement in different jurisdiction court; Thirdly, refinement of the criminal appeal and review procedures, distinguish the period of the court in accepting and reviewing of the appeal case, required judges to dismissing the complaint application fully release law reasoning obligations; Fourthly, clearly regulate the lawyer’s statue in the court’s accepting and reviewing the appeal case stage, stipulate the lawyer rights and obligations.