| The Criminal prosecutorial protest is the act of procedure that the judicial organ shall retrial according to law when the prosecutor found that there was an error in the judgment. The criminal protest system plays an important function in the Judicial Correction,and is also an important part of the whole criminal procedure which can correct the misjudged case, Punishment of crime and ensure no criminal offence who is not subject to criminal investigation.The criminal trial procedure illegal protest is the part of the criminal protest system,That is in a criminal trial violated the legal procedures for the reasons. but the law does not stipulate the specific procedure for criminal trial procedure illegal protest. The author believes that in the rule of law, the entity is fair and just, to a large extent, depends on the fair procedure. Procedural justice is more important than substantive justice. In the judicial practice, The focus of attention of Procuratorate and Court at all levels are on the case in the review of the entity which is the fact that only the case, Only review the application of law, and do not pay attention to the issue of trial procedures. A substantial part of the criminal cases there is no obvious part of the substantive errors, but the review process is illegal. For example, The members of the collegiate bench shall be avoided but they did not, and a case should be heard in public but it is not. These lead to the masses of the people on the judicial justice.This article launches the research on criminal trial procedure illegal protest. In addition to the introduction, The text is divided into four parts.Part one is about the introduction of the criminal trial illegal procedure. The main content is the Concepts,features and types of the criminal trial illegal procedure. Part two is about the theoretical analysis of the criminal trial illegal procedure. Part three is about the perfection of the system construction on the the criminal trial illegal procedure. |
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