Research On Reviewing The Necessarity Of Criminal Appeal

The appeal is an important function of the procuratorial organ. On the one hand, as anextension of the right of public prosecution, the appeal forms a complete publicprosecution, and ensures the effective prosecution of crime; on the other hand, as theembodiment of performing the function of legal supervision, appeal can timely correct thefault in judgment. From the practical situation of our country, the appeal work does’t get anyattention from the prosecution, and the fact keeps a low quality. At present, many judicialpersonnel practitioners have recognized the appeal filed must meet certain necessity. In2005,the Supreme People’s Cocurator have issued a judicial interpretation, to make the necessarycertain. Though the quality was slightly better, the effect is still not obvious.Procuratorialorgans have some problems in the review of the necessity to start the appeal, liking lack ofacknowledge of factors, and it is difficult to grasp the focus of appeal. There are manyscholars just analyze the status of appeal, but don’t take any measure in the light of systematicinterpretation and induction factors. The author believes that, in order to improve the qualityof appeal cases and review the necessity. We have to recognize the action of appeal, eliminatethe unreasonable interference factors and grasp the degree of error cases more accurately.In addition to the introduction and conclusion, the paper is divided into four parts, aboutthirty thousand words.The first part is the overview of appeal necessity. The criminal appeal is based on thelawsuit function of procuratorial organs, so it must be careful to mention. appeal necessaryexamination is the core content of appeal review, based on the evaluation of the originaljudgment, performance for the discretion whether or not to initiate a appeal. To someextent, appeal necessary examination is based on discretion of the procuratorial organ and it isthe exercise of discretion. In a review of the specific content, appeal necessary examination isshowed as the consideration about severe degree of the original judgment errors. From thevalue perspective, appeal necessary examination can provide the space of discretion and limitthe discretion,prevent the waste of judicial resources, maintains existing law and order in timeand settle disputes,so shaping the judicial credibility and the protect the legitimate rights andinterests of different parties. The second part In2005, the judicial interpretation issued used the word "appealnecessity" for the first time, caused the extensive concern of the practice sector of appealnecessity, and had a certain system prototype. On the review of subject, the promoter to be asthe real subject because of the limitation of the appeal for the examination and prosecution ofthe case, in the case of public prosecution and trial support, to understand the status of thetrial and be familiar with the advantage of the case. On the other hand, it also can get to knowthat the referee in the wrong or did not reach the effect of punishment through the victim’scomplaint, start on the necessity of appeal. In the process of operation, the upper and lowertwo levels of procuratorial organs need to have a review of appeal.The third part reflects on the status of the appeal.the necessity review of appeal existproblems in our country. The two levels of procuratorial organs lack of communications,internal differences between cases affect the appeal efficiency and with the review onpunishing crime, they overlooked some favorable factors for the defendant. Except of theappeal needs, there are some factors interfere with the exercise of the discretion that make theneed for censorship off track. The performance appraisal system to force the appeal becamepublic prosecution follow-up support, while the management system make the counter appealneed review lose their meaning, the idea of justice heavy entity makes the undertaker ignoresthe serious consequences of programming errors.The third part puts forward some Suggestions of perfecting the appeal need to review. Incase of so many problems existed in the appeal necessity review, which influencing theappeal results, it must be perfect. On the one hand, the appeal should firstly refine the appealcensorship standards, to provide exact legal basis to practical departments investigators, usethe introduction of harmless error rule, to elaborate the rate of error respectively in both entityand procedure standard. Then we should improve the review mechanism between the upperand lower two levels of Protectorate, establish appealed cases in the review mechanism andform resultant force. The upper procuratorial organs should be active and do some guidancebefore the filing of a appeal by the lower procuratorial organs, and give constructivesuggestions to the appeal necessity problem. They can have communication meetingsregularly, communicate and discuss the judicial experience of the appeal need to review. Onthe other hand, we should establish corresponding support measures in the need of censorship,.Performance appraisal is the important factors of public security judicial authorities need toconsider during the work in our country. The existing examination system is not scientific, we have to adjust the inspection standard, make it suit the litigation law. In addition, to abolishthe case management system, make the court get rid of the town of judicial prison. Attachinggreat importance to the value of entity and procedure and grasping the degree of criminalrefereeing errors reasonably.