The Research Of Criminal Appeal Hearing Procedure

At present, our country's criminal appeal review procedure is mainly used in written form. Needless to say, this approach exists a lot of drawbacks, the process is not transparent, the complainant and other related personnel participation degree is low, the power of judge control degree is low, the degree of protection of the rights of participants is also low. The criminal appeal hearing process could overcome the problems existing in the current review approach. The balance of right and power, judicial authority and both openess and transparence, and the need to adapt to the reality of justice will be achieved.This paper is divided into four parts:The first part is to analyze the necessity of criminal appeal hearing procedure. The first is the requirement of openness. Essentially speaking, our country adopts a relatively closed method to handle the criminal appeal, the review is a written form by certiorari and according to the materials that complaint submits. Criminal appeal hearing procedure in many aspects conforms to the concept of judicial public, guarantee the right of complainant, the social public participation, right to know, and many other interests. Second, the requirement of due process concept. Due process requires stakeholders participate in the procedure which may make decisions concerned himself. Criminal complainants have interest with the hearing procedure, therefore the complainant should have the right to claim for and participate in the hearing procedure. Finally, the need to respect and protect human right. Human rights concept is becoming more and more deeply rooted in the hearts of the people, however, the pattern of criminal appeal review current failed to play the role in terms of human rights protection.The second part is mainly the function of the criminal appeal hearing procedure. First, save the judicial cost, improve the efficiency of lawsuit. The appeal hearing procedure can reduce the repeated complaints, unreasonable appeal, petition, avoid the case dragged on, overall reduction in the number of repeat treatment, improve efficiency. Second, safeguard the rights and interests of the complainant, prevent darkroom operation. Personnel involved in criminal appeal could have a direct restriction and supervision of the power of judge, reducing the risk of abuse of judge discretion, putting an end to the black box operation. Third, maintain the court authority, boot order. Through the hearing procedure, the authority and the finality of appeal results, the authority of the people's court can be reflected and maintained by the complainant abiding by the decision. Fourth, reflect judicial democracy and maintain social stability.The third part mainly analyzes some present hearing procedures. In our country at present there is no national law about criminal appeal hearing procedure, only some local provisions the high court formulated. On the analysis of the existing rules, we can find out problems and points worthy of learning. Based on the research of the problems, in the formulation of the national hearing procedures, the provision will be more targeted and operable; points worthy of learning also could be transplanted in future.The fourth part is the concrete construction of the criminal appeal hearing procedure. First, clear its legal status. The criminal appeal hearing procedure ought to be increased to national law, and it should be officially stipulated in the criminal procedure law, realizing the unity of the legal system. Second, the basic principles of criminal appeal hearing procedure: public principle, the principle of passive, avoidance principle, equality principle, timely and efficient principle, the collegiate principle. Third, the concrete construction of criminal appeal hearing procedure. The scope of hearing case, the body of the hearing procedure, the preparation of hearing procedure, the operation of the hearing procedure, the hearing result. Fourth, the safeguard mechanism of hearing procedure. Perfect the lawyer's participation system; strengthen the procuratorial supervision; identity protection; change the idea, strengthen the consciousness of the protection of the rights.