Study On Hearing System Of Criminal Appeal Review In People's Court

For criminal referees that have already taken legal effect,according to the principle of res judicata,their effectiveness is already established and they can not be changed unless they are not legally prescribed.However,it is undeniable that,in the case of unjust misconduct,from the perspective of human rights protection of defendants,It is imperative to set up a special remedy-a retrial procedure to fulfill the error correction function.Criminal appeals,as a remedy for our country in the event of an error in the effective judgment,are of great significance to the complainant.Therefore,the people's court's handling of the criminal complaint cases at the reviewing stage has a crucial effect on the claimant's relief as to whether its right of petition can be truly realized.Regrettably,our laws and related judicial interpretations do not clearly stipulate the procedures for the examination of criminal appeals,so that the complainant's right of appeal can not be effectively guaranteed.Therefore,the current criminal appeals process,especially the appeals review process,needs to be conducted Reform,through the introduction of a hearing system,so that criminal complaint system can play its original relief function.The reality is that at the legal normative level,there are very few provisions in our country on the current criminal appeals review procedure,even though the provisions also show generalized and principled provisions,which lacks practical operability.At the level of judicial practice,courts around the country have formulated relatively detailed censorship rules according to local conditions,but they have failed to essentially eliminate the inherent ill effects of the censorship process and the inconsistent application of different censorship procedures has hindered the application of the censorship process The standardization and institutionalization.Specifically,the review process of criminal appeals in our country is full of strong judges' authority.The whole process of examination shows a strong administrative and written style.The complainants and lawyers are not sufficiently involved.Judges say that they are not rational enough.Effective supervision,judges have great discretion.In order to solve the above drawbacks,it is undoubtedly an effective way to reform the procedure of appealing censorship,which should not be in a state of anomie and disorder and to introduce a hearing system in criminal appeals examination prove Therefore,it is necessary to introduce it into the review of criminal appeals.First of all,it is the principle of procedural fairness.The greatest value of the hearing system is the realization of the fair value,including substantive justice and procedural fairness,but more emphasis is placed on the realization of the fair value of the proceedings.The inherent openness,participation and equality of the hearing system are in line with the requirements of the principle of procedural fairness.Second,it reflects the democratic nature of the judiciary.The hearing system has become one of the important ways for citizens to participate in the judiciary.With its unique opening function,the hearing system has created the conditions for the people to participate in the judiciary and has satisfied the citizens'earnest desire to participate in the judiciary.Finally,it is a necessary requirement for the guarantee of human rights.The hearing system guarantees the right of the complainant to participate in the procedure and to express his or her right of opinion,which is in line with the mainstream of respecting and safeguarding human rights in current criminal proceedings in our country.At the same time,the local people's courts have provided a practical basis and realistic feasibility to probe into the hearing system of criminal appeals,the general environment of judicial reform and relevant foreign experiences to refer to the hearing system during the appeals review stage.However,the introduction of a hearing system at the stage of criminal appeal review will inevitably face the following difficulties under the existing concept and system of criminal proceedings in our country.First of all,contradictory to emphasizing the legitimacy of the procedure of hearing,the concept of "heavy entity and light procedure" is still lingering.Second,contrary to the fact that the hearing requires that the arbiter should maintain neutrality,the existing law of our country It stipulates that the appeals should be examined and decided by the people's court of the previous trial and the judge's fairness should be questioned.Finally,the limited judicial resources of our country restrict the development of the hearing to a certain extent.How to build a hearing system of criminal appeals review,first of all,by selecting the model of "judicial impetus",setting the name of the hearing system to the legal level and establishing the legal status of hearing system of criminal appeals review.Second,proceed with the concrete construction of criminal appeals review hearing system.First,to clarify its general principles:fairness,openness,fair participation and high-efficiency principle;secondly,the design of specific rules including the scope of applicable cases of hearing of appeal review,the participants of the hearing,the initiation,preparation,The formation and effectiveness of hearing appraisal,the making of results and remedies.