The Research On The Criminal Retrial Appeal

Considering the related provisions of criminal proceedings, criminal retrial appeal as one of the most important conditions to start the retrial procedure in our country ,its perfect or not,to a great extent,decides the criminal retrial procedure can correctly and reasonably start or not, prevent the retrial procedure open casually or closed strictly. Current criminal retrial petition is in a very incomplete phase, the existing criminal retrial petition related laws and regulations is not sound and refinement enough,has not yet formed a complete criminal retrial appeal procedures. On the one hand, there are a large number of criminal appeal cases come into the courts and procuratorates, the investigators have to undertake huge pressure on the review work.At the same time,they also shoulder the complaint involving lawsuit. On the other hand, due to the appeal of the parties and their legal representatives and near relatives just as the material sources for people's court and the people's procuratorate to come up with or to start trial supervision.There is a lot of inconvenience and obstacles in the process for the cases which have been unjust, false or wrong charges,it is difficult to ensure the realization of the right of appeal. In addition,the parties are not satisfied with the results and the abuse of litigation, who maybe make the vexatious suit and the "complaint reporting not letter law" phenomenon is very common, which has a serious affection on the social order and public security. Over the past few years many unjust cases have been rectified ,which has not only caused by the wide attention of the society, at the same time, the material of criminal retrial appeal review also be questioning by the public. Therefore, in order to protect the basic human rights of the parties, and realize the fairness and justice, to resolve the difficulty and confusion of grievance procedure, the appeal review administratively on criminal retrial petition ,it is necessary to perfect the relevant provisions of criminal retrial appeal.The paper based on the value and significance of criminal retrial appeal in our country,take the present situation of the criminal retrial appeal as the foothold,aiming at the existing conditions of criminal retrial petition set too low, the appeal body,complaint aging and deadline are not clear; Method of inspection responsibility division of labor is not clear, the two mutual shuffle phenomenon; The appeal process lack of lawyers; The person who lacks a few problems, such as special relief channel by reference, related resources of foreign practical experience, combined with China's national conditions, such as perfecting criminal retrial petition conditions, the relevant provisions of the implementation of the final, put an end to the proceedings, limit the victim to the people's procuratorate to lodge a complaint, appeal to establish legal aid system, in view of the person who set up special relief channels such as the improvement of the corresponding suggestions.