Research On The Nominal Phenomenon Of Criminal Trial Grade System

One important function of the criminal trial grade system is to prevent the abuse of jurisdiction. If the criminal trial grade system in execution is unpractical, it will result in the abuse of power, and damage to legitimate rights and interests of the defendant and the victim, which will hinder the realization of judicial justice. In China, the four stage two-tiered system with a two-tiered system as the main body, death penalty review procedures and procedure for trial supervision as supplement have some nominal phenomenon. The relationship between superior and inferior counts emerged serious administrative problems in trial practice. Lower courts often submit the case now being tried to the superior court for consulting a treatment decision, so superior courts have active guidance to their reported cases. Superior court judges go to jail to arraign the defendant, generally accompanied by presiding judges of the original court. They would put their personal views about the cases to the judge of the second trial, and through detailed communication between higher and lower, even the first trial judge may directly represent that accused crimes are particularly bad, and make serious impact, indicate the second trial judge should be heavy sentences or maintain. The trial mode of internal courts are administrative. The presiding judges can read files, arraign the accused, participate in the trials, and meet with the lawyers and the parties, who have a good referee basis, but without the final decision. The control of the cases by deans and presidents lead directly only judging a legal case or only giving a verdict. Judicial Committee to exercise the cases jurisdiction separates the inherent unity of the right of trial and jurisdiction, resulting in division of the trial and the sentenced. Party committees at all levels in China have the Politics and Law Committee, to whom should be reported in case of major or complicated complex criminal cases. The Politics and Law Committee will coordinate and organize the multiple departments to study and put forward treatment suggestions. This approach is intended to properly solve the problem collecting various power, but in fact hollowing out the independence trial principle. They lead the team into a judge behind the scenes. Rough the first-instance procedure makes first instance quality be unguaranteed. The first instance of criminal cases in our country go through the motions in court trial. Under the environment of the imbalance in the prosecution and the defense, regardless of prosecution and trial, public prosecutors are often particularly strong, and it appears that the lawyer's defenses are thin. If they are court-appointed counsel for the accused, the defenses are essentially perfunctory, not conscientiously perform their duties, as a direct result of the defendant's rights to defenses are not guaranteed. Primary courts have a common problem with forming a collegial panel by people borrowed from other divisions in a criminal court that cause the collegial panel unpractical. The judges of the superior court are assigned to a lower court as the President, vice President, chief judges, resulting in confusion problem with hierarchy judicial personnel. Although procedure of second instance practice the principle of comprehensive review, but our court of second instance widespread use documentary hearing mode, and under the condition of appearing administration tendency of the relationship between the higher and lower courts, procedure of second instance do not play the function conferred by law to correct errors of trial judges, provide the right remedy to parties. The death penalty review process tends administrative reconsideration. If the first instance of the death penalty are accepted by the Supreme People's Court, then first instance of the cases are final appeal, and the defendant's rights of appeal are stripped, the Supreme Court is still make their own judgments and then carry out their own review. Retrial program are greatly expanded, which leads to the case does not end of final appeal.The highlight of nominal phenomenon of our criminal trial grade system has seriously affected the modernization process of the legal system. In order to change this situation, to achieve value target of judicial justice and efficiency, we need to correct wrong ideas, conduct in-depth reform. The author took the actual operation situation of trial grade system in the court. As the starting point, analyzed the typical cases with nation-wide influence, and dissected the nominal phenomenon of criminal trial grade system in our country, and on this basis, combined with the basic principle of the criminal trial grade system, points out that we should promote trial substance at the micro aspect, and at the macro level, practice the depth and specific initiatives of the full implementation of the current judicial reform which can solve nominal phenomenon of criminal trial grade system in China from several aspects. By examining the relevant legislation, system operating mode of Criminal Judicial System in the advanced state of law, it is concluded that most of the countries positioned the third trial procedure as legal trial although differences in the trial grade system in different nations. Therefore, the author puts forward to the conception of establishing a limited three-tiered system based on the absorbing and learning from foreign advanced experience, and redraws functions of the courts at all levels under the condition of constant current hierarchy. Specifically, four stage three-tiered system will be established, there have twice appeal opportunities for a certain number of cases legally, the third trial of the case will be positioned as legal trial, not as fact retrial. In the meantime, the nature of the death penalty review process will be repositioned to return judicial proceeding itself into the trial system of the third instance as the final. The procedure for trial supervision will be improved, and retrial in the filed must be strictly.