Study On The Paths Of Improvement Of Effective Criminal Adjudication Appeal And Examination System Of China

The criminal appeal and examination system plays a crucial part in the process of correcting the wrong judgments made by People's Court,which is necessary to protect the parties' legal interests.However,the current litigation of People's Republic of China is too simple to meet the needs of practice,causing appeal abuse and appeal obstacles without proper solutions.Therefore,the existing system must be reconstructed in order to fulfill its purpose.This dissertation contains three parts to discuss the reconstruction of the current criminal appeal and examination system of China.The first part contains the definition of the current criminal appeal and examination system of China,the characteristics of the system through comparison with other appeal and examination systems and the influence from Soviet Union in its concept.Also,this part classifies and comments current regulations concerning the system.The second part is a detailed analysis on the process of criminal appeal and examination in Nie Shubin's case,including the innovations,characteristics and problems in the subject and jurisdiction of appeal,as well as the examination scope,method and time limit.This part offers a practical view for the reconstruction.The third part is a specific design for the reconstruction of the appeal and examination system of effective criminal judgments.To begin with,clarify the appeal system,get rid of the influence from the Soviet Union and establish a criminal retrial and examination system.Then,discuss the legal methods of the retrial and examination of criminal cases as well as change the concept and build the basic structure.A legal explanation method will be used to enrich the concept and perfect the system structure.Besides,give detailed layout in each links of the appeal system,including the retrial subject,retrial base,retrial jurisdiction,prescription and examination method,examination process and time limits.