Research On The Appeal Inspection System For Criminal Miscarriage Cases

The appeal system and criminal appeal system in criminal proceedings can be summarized as "appeal system", which plays an irreplaceable role in finding and correcting the criminal miscarriage cases. With the exposure of more and more criminal miscarriage cases in recent years, whether it’s because "uncertain representation" or "return of the King" or "lack of evidence", the occurrence of criminal miscarriage cases have greatly undermined people’s confidence in judicial justice. The criminal appeal inspection system, as an error correcting system for the effective criminal judgment and ruling, has to be improved for its various deficiencies and failure of giving full play to its error correcting functions. The author offers an analysis of the current status of legislation and error correction in criminal appeal inspection system and proposes the suggestions of improvement to address the existing problems with a view to correcting criminal miscarriage cases and maintaining and promoting fairness and justice.This paper consists of four parts. The first part elaborates on the basic connotation of criminal appeal and criminal appeal inspection. The second part offers a summary of the current status of criminal appeal inspection in China from the legislative and judicial perspectives. The third part analyzes the obstacles influencing the error correcting functions of criminal appeal inspection and the fourth part proposes the approaches for the improvement of error correcting system from the legislative and judicial angles.