Study On The Problem Of Investigation Organs' Internal Appraisal Institution

As a second instance protest "Criminal Procedure" to give a mandate prosecution, the condition of the exercise of great significance to the prosecutorial practice. For various reasons, the second criminal trial the prosecution protest many problems exist practice, this article Zigong City, for example, through research and analysis of Zigong 2011-2014 Public Prosecution Cases of the Second protest case, found the problems and propose solutions Countermeasures.Writing article text is divided into four parts, the first part of the research purpose and significance, introduces the purpose and significance of writing. The second part of the case study, this section includes an overview of Public Prosecution Cases of the Second aspect of protest, mainly on the second criminal trial Protest to sort out the meaning of the operating mechanism of generalizing the second criminal trial Protest, Protest functionality of Criminal Appeal analyzed; another aspects of the research areas of criminal Appeal protest situation carefully combed, including research areas, the number of cases each procuratorate protest distribution of protest as well as the views adopted by the distribution of the results of the protest protest grounds, the superior prosecution. The third part of research and analysis by the research to areas of carding, analyzes the main problems of its existence, including the concept of protest tend to punishing crime, light weight principal penalty serious issues additional punishment, prosecutors every mistake will not conducive to the maintenance of anti-ruling stability, light weight penalty qualitative serious protest against the way the function into full play, the negative impact on the performance evaluation of the protest. Recommendation Part IV research, through a combination of the actual situation of research and theoretical research on protest from prosecution protest of Criminal Appeal shall ensure objectivity, prosecutors protest should pay attention to the work of the application of the additional punishment, the two sides should seek the law review with the balance and supervision, error-prone conversion light weight penalty conviction, improve cooperation and coordination mechanism on the lower level of criminal prosecution protest, the establishment of six more reasonable performance evaluation system, the research area of criminal Appeal protest propose practical work the reform proposals and improvement.