Empirical Research Of Procuratorial Organs’handling Appeal Cases Against Criminal Judgments Of Peopel’s Courts

Procuratorial department of criminal appeals is the legal supervision department whichhandles appeal cases against the criminal judgments of litigation termination of people’sprocuratorate and against the effective criminal judgments or rulings of people’s courts byimplementing the legal supervision function of external supervision and internal restriction,and the procuratorial organ’s last defensive lane of legal supervision of criminal casesreflecting its possibility of correcting wrongful convictions and authority of maintaining lawand justice practice by criminal appeals review works. Recently, appeal cases against criminaljudgments increasingly become the hot issue of people’s appeals and the important anddifficult point of work of procuratorial departments of criminal appeals.Therefore, under the conditions of criminal appeals system growing more standardizedand scientific, it is typically necessary to properly expand efforts to stepping up research oncurrent conduct situation, factors, and strategies and recommendations of improving practicaleffect, of appeal cases against the criminal judgments of people’s courts. Currently, the legalsupervision function of these cases by procuratorial department of criminal appeals is far fromthe legal requirement and people’s expectation. On the one hand, appellants have highexpectation about the procuratorial organ’s legal supervision, on the other hand, procuratorialorgan’s legal supervision power is weakened during the practice, which makes the effectivesupervision hardly to implement. Since2012, new Criminal Procedure Law, Civil ProcedureLaw of the People’s Republic of China (tentative version) have been issued successively,bringing effects and challenges to handling these cases, the problem this thesis introducesstrategy and recommendations to resolve by analyzing the current situations and problemswhen procuratorial organ handling criminal cases against criminal judgments of people’scourts.This thesis has four parts. The first part is introduction, which theoretically explains andintroduces the jurisdiction recognition of appeal cases against effective criminal judgments ofpeople’s courts inside procuratorial organ and procuratorial organ’s procedure legislationreform of these cases.The second part is case analysis, which analyzes real appeal cases against effectivecriminal judgments of people’s courts from province G city Z’s people’s procuratorate. Firstly it introduces a dilemma of current criminal procedure, the contradiction of difficulty anddeluge of appeals. Furthermore, it analyzes the data and characteristics of these cases. Finally,it analyzes the current human resources allocation of the procuratorial departments.The third part is analysis of reasons why the dilemma exists, which analyzes factorshindered the cases handlings. The factors are ignorance from traditional concepts and petitionpreference of the handlings, shortage of relevant laws and provisions, lack of communicationsystem with courts, and limitation of cohesive mechanism with other functional departmentsinside procuratorial organ.The fourth part is strategies and recommendations, which proposes resolutions andadvices according to previous described current situations and hindered factors. Authorsuggests completing and improving relevant laws and provisions, enhancing the coordinationwith courts to resolve difficulties together, integrating procuratorial organ’s internal resourcesto form joint supervisions, transparenting case handling to improve judicial credibility, andchanging traditional concepts to build high quality teams, in order to practically improve thecurrent situations of procuratorial organ’s handling appealing cases against criminaljudgments of people’s courts.