Research On No Aggravating Punishment On Defendants From Appeals System

The 21st century, along with the deepening of the reform and opening up, the 18th session of fourth plenary session of the meeting, each enterprise vigorous development in our country, especially in the field of law has made great progress, the appeal system of no additional punishment as one of the fruits of reform and opening up and the world reference, was introduced into the practice of the rule of law in our country and developing continuously. Appeal system of no additional punishment as a special form of second instance, since it was introduced to our country legal theory and legal practice principles applicable to this controversy, one is the appeal of additional punishment system concept and the socialist concept of human rights protection unifies, is in order to ensure the appellee as the litigation right and human rights, the purpose is to encourage the defendant or his legal representative, defender or near relatives of trial in the first trial was adjourned, the first-instance judgment appealed the case, so that the first get a fair trial, the defendant and not make the defendant get more serious punishment for appeal, so the system theory as a flint, safeguard the legitimate interests of defendants theory and may make a second trial court in the process of appellate courts found the first-instance court errors and faults, and corrected, guidance, and better safeguard social fairness and justice, stability and harmony. The second is its effect in practice is often not satisfactory, the defendant in the judicial practice because of the appeal does not need to pay a bad price unashamed appeal, often appear to the abuse of right of appeal, the defendant cause duplication and waste of judicial resources. The appeal system of no additional punishment as "import", it is difficult to really into the legal practice, often appear the phenomenon of water and soil defy, rawish meal, so its function has also been questioned, judicial practice also often go against the system, to bypass the lawsuit system, "DE facto" increase the defendant received punishment, making them useless. Experts and scholars around the system also produces different theories, such as "defendant balance", "trial separation" control, "said benefits balance", etc. The appeal system of no additional punishment as one of the essence of legal theory, has its essence, how to make it play to strengths, make up for the shortage, for the benefit of law practice, become the main content of this article explores.Mainly through the following sections in this paper, the research of this paper, first of all, based on the appeal of the concept of no additional punishment, development, and illustrates the value; Second, the continental law system and Anglo-American law system country on appeal without additional punishment system legislation comparison, once again, the appeal is not additional punishment system in our country development course and current situation, focus on problems of no additional punishment in the practice of appeal, appeal to explore the extent of additional punishment, another forensics, and another program into question. And put forward their own opinions and Suggestions to solve these problems. In the 21st century China to speed up the construction of legal system and the pace of reform and construction in the process is the key, the publicity and rationalization is the key of the key of the program. This opportunity, we should fully use judicial reform receptive to new ideas, new ideas, to our country’s application concept to a reincarnated, resolutely defend the appeal against the additional punishment system in the position and function of criminal procedure law in our country, and perfect the theory of justice, for our country’s legal system construction make it important.