Analysis On How To Improve Chinese Appeal Procuratorial System

The criminal appeal procuratorial system is an important approach for the procuratorial organs to achieve the function of legal supervision. Through reexamining the executed cases which made by the courts and procuratorial organs, the cases with errors can be adjusted, the legal interests of parties can be safeguarded, the judicial conduct can also be exposed under an effective judicial supervision, and the aim to maintain the social harmony and stability can be achieved. Therefore, to handle such cases is the emphases and difficulties of appeal complain department by the procuratorial organs, its effect against the court review of criminal judge deals with the guarantee of maintaining the parties’ legitimate rights and interests, and the effective supervision of court effective error referee, the system design conforms with the nature of the procuratorial organs in our country’s supervision. But the provisions of general criminal complaint procuratorial system in China have a general content and don’t have relevant laws and regulations. In practice, the operation is optional, and it causes some lawsuits existing for a long time and waste the judicial resources, moreover, some phenomenons like harassment and affray happen a lot.This paper is divided into five parts: Chapter One is the introduction, Through the introduction of the basic content and important significance, this passage analyzes the status quo of Chinese criminal appeal procuratorial system, and finds out the problems lying in the legislation and practice of criminal appeal procuratorial system. Combining the analysis of related foreign systems and the reality of our country, this passage makes comments on Chinese criminal correction system to improve the related systems.Chapter Two introduces the content and meaning of Appeal Cases against Criminal Judgments of People’s Courts, and the different between it and other relevant systems.Chapter Three concerns China’s procuratorial organs to deal with the effective criminal court when they judge the problems existing in the criminal appeal cases. This part analyses Chinese criminal appeal procuratorial system from the perspective of criminal appeal values, and the legislative and judicial practice status quo. Moreover, it proposes the legislation problems related to criminal appeal procuratorial system, such as appeal body regardless of the order, no specific provision on appeal reasons, no time and number limitation of appeals, no clear division of jurisdiction, the irregular and opaque process, etc., and the problems related to criminal appeal procuratorial practice, such as marginalizing the criminal appeal procuratorial work, the weak power of criminal appeal handling, etc.Chapter Four learns from the error correction system of civil law and common law system. Western countries mainly use retrial procedures and monitoring procedures, which are collectively known as retrial system, to correct errors. Western countries also lay down detailed instructions on the supervision of the final judgment, moreover, the improvement of the system safeguards the legal interest of defendants and authority of the legal. This passage detailedly describes how the countries of the civil law system, like France and Germany, to formulate their retrial procedure in accordance with the error correction system of common law system, such as habeas corpus, certiorari, etc. Drawing lessons from foreign countries’ criminal correction system and concept of corrective lawsuit, the error correction system related to China can continue to be refined and improved.Chapter Five concerns how the procuratorial organs handle the effective court of criminal appeal cases of the referee Suggestions and countermeasures. Learning from the appeal values of foreign countries and clarifying the appeal nature of the criminal appeal procuratorial system, our nation needs to make specific legal advice from the views of criminal appeal body, review procedures, and the division of jurisdiction over criminal appeal, and proposes the establishment and improvement of relevant supporting systems from the point of the criminal appeal procuratorial judicial practice.