The Problems And Countermeasures Of The Appeal Of The Criminals In The Prison Of Our Country

Correctly handle the criminal criminal appeal cases for active rehabilitation, resolving social contradictions, maintaining harmonious and stable custody and have a vital role. Over the years, our country’s criminal appeal system in the correct case, false, misjudged cases, and safeguard the legitimate rights and interests of played a huge role. But with the progress of the construction of legal system and the establishment of the modern judicial idea, the shortage of the current criminal appeal system also gradually reveal. Practice, there is always work mechanism is not sound, case workers sense of responsibility is not strong, caused the criminal appeal, complaint and appeal abuse phenomenon such as order, caused the damage to waste a lot of judicial resources, judicial authority, and restrict the work of criminals criminal complaint.This paper each link in the work of the actual criminals in prison the appeal as the research object, discussed the our country present criminal appeal system on the impact of the practical work of prison, analysis the problems and the reasons and puts forward relevant countermeasures to perfect the criminal appeal of the prison system, in order to the criminal appeal system for further perfect of our country.The criminal appeal of the prison has its unique characteristics, main body is the appeal of specificity, the particularity of exercising the appeal right way, a complaint is not to stop the execution of punishment. Criminals in prison appeal to various aspects of nots allow to ignore the significance, main is to protect the rights of the parties, punishing the real sinner, fully display the prison people-oriented concept of law enforcement, and to maintain the normal order of regulatory reform in the prison.Current criminal criminal complaint system in our country, after the prison work actual operation, exposed many problems mainly in the imperfection of the legal system of each link and refinement, existing criminal appeal of the prison system to carry out the imbalance. Aiming at these problems, combining the reality of prison work from the legislative, judicial, and enhance the criminal law quality three aspects to seek effective solution, namely the reform of the system level:reform the appeal procedure and the procedure for trial supervision, establishing the criminal complaint forced response system, standardize the retrial startup reason, introduced to deal with the criminal appeal cases rewards and punishments measures, establish a people’s procuratorate and the prison to the criminal complaint joint review and transfer mechanism; The implementation of the execution level:specification prisons and handle criminal appeal in prison on the procuratorial organs in the work of the law enforcement behavior; The improvement of the internal quality, set up the prison criminal legal aid system, improve the criminal rule of law consciousness and consciousness.