The Preliminary Research On The Remote Review Of Criminal Complaint By People’s Court

The process of the criminal trial is the process that looking back upon the cases facts and identifying it. It is difficult to restore cases and to keep trail correct absolutely. The Criminal Procedure Law and Judicial Interpretation Provisions stipulate that parties have the rights to apply for retrial and judicial office have the duty to retrial for the purpose of protecting parties, rectifying wrong cases and maintaining judicial justice. Review the complaint of cases is the security of superior retrial. However, the review of complaint faces dilemma.Especially the review of complaint faces of People’s Court is more difficult during to that parties can’t start the retrial, self-censorship of People’s Court lack of impetus, remote review and trail of criminal appeal are rarely applied. At the end of 2014, the supreme people’s court order the high court in Shandong Province to review the complaint of the case of Nie shubin that attracted intense social focus on the remote review of criminal appeal and provided reference for the improvement of the system of correcting criminal cases. In early 2015, the supreme people’s procuratorate put out that procuratorial organs should institute the system of remote review of criminal appeal. In the same way, instituting the system of remote review of criminal appeal of people’s court is necessary and beneficial. Taking the system of the remote review of the criminal complaint as the theme of research, by the ways of collection, presentation and analysis of existing background data and methods of problem-oriented, comparative analysis and system analysis, we explain the basic concepts, content and relationship with remote retrial, study status and problems of criminal complaint review, analyze the necessity, feasibility and obstacles of the establishment of the system. Then we study how to build it.In this paper, in addition to the introduction and conclusion, the text has four parts, a total of about 31,000 words:In the first part, we analyze the basic overview of system of remote review of criminal complaint. We define the concept of the system of remote review of criminal complaint and explain the basic concepts, inscape and relationship with remote retrial. This paper argues that the remote review of criminal complaint is a way for courts to review the complaint by the other court different to the former in the situation that self-censorship of People’s Court is difficult to be effective. Remote review of criminal complaint is a special procedure of the criminal complaint review proceedings and is the important part of criminal retrial system as a significant way to file a criminal retrial.it also is an important addition to the criminal retrial practice.In the second part, we analyze the status and problems of the criminal complaint review. Introducing the case of Nie Shubin, we study the broken of remote review of criminal complaint. Currently, the criminal complaint review is facing difficulties in starting, examining case files, reviewing in writing and other issues. However, remote review of criminal appeals has been rarely applied, and the system has not been set. Fortunately, after taking off-site review, whose highlights are taking off-site review, further open scoring and holding review hearings, this case was effectively reviewed. It was a suitable example which alleviated the difficulties of criminal complaint and review, improved the situation for us to study how to establish the system of remote review of criminal complaint. Based on this, we study the system of remote review of criminal complaint and benefit from it.In the third part, we analyze the necessity, feasibility and obstacles of the establishment of the system. Firstly, we analyze the necessity, feasibility and obstacles namely, the regulations, theoretic and realistic values. This paper argues that the establishment of the system of remote review of criminal complaint complies with the law, safeguards judicial justice, independence and power, protects the right of appeal and truth of the cases; Secondly, we analyze the feasibility, namely, backgrounds and typical case reference. This paper argues that the establishment of the system of remote review of criminal complaint has the basis of practice, meets the demand of correcting the wrong case, is the important part of the reform of the rule of law. Thirdly, we analyze the obstacles. This article pointed out that the establishment of this system faces imperfect legislation, non-standard practice. Recognize the problems and clear away the obstacles of building and improving the system.In the fourth part, we struggle to build the system of remote review of criminal complaint. Following the minds of problem-oriented, this paper gives suggestions in establishment and improvement of this system, including improving the basic procedures and related systems and measures. Set procedures of register, acceptance, order jurisdiction, review and verdict. Improve the relate systems such as the circuit trial system of supreme people’s court to form the join forces of correcting wrong cases.