The Second "Criminal Case Commuted" Empirical Research

China's "Criminal Procedure Law" stipulates that the court in the trial of criminal cases,the trial system.When a party refuses to accept the judgment or order of the first instance,the law gives him the right to appeal to the court of second instance.The litigants seek judicial relief from the court of second instance by appeal,in order to protect their lawful rights and interests.By examining the appeal case,the court of second instance finds out the facts,examines the evidence comprehensively,and makes a second instance ruling on the case so as to achieve the social effect and legal effect of the dispute.Two tiered system has important practical significance to the judicial practice,one is beneficial to the court of second instance commuted timely,correct the error,to prevent miscarriages of justice;the two is to play a supervisory role of the second instance trial judges,improve trial judges in handling the process of trial supervision,the maximum to reduce the miscarriage of justice,improve the quality of handling cases.As a way to trial court of appeal,is a very normal judicial phenomenon,brings great positive effect,at the same time,also produced a series of controversies and problems.In this regard,through empirical study,to the court of second instance from the perspective of investigating case commuted real situation in the judicial practice,introduces the main problems and the status quo,the analysis of the predicament of development,put forward the corresponding countermeasures,and to promote its effective implementation.This paper is divided into three parts,about twenty thousand words.The first part of the analysis of the values of the criminal litigation cases of second instance commuted.The article thinks,the study of Criminal Adjudged litigation value is mainly reflected in the following aspects: first,the realization of legal relief.Provide an opportunity for the parties to ascertain the facts and the facts and make a fair and just decision to ensure that both parties are satisfied.Second,protect the rights of the parties.The parties have the right to appeal to a trial of any dissatisfaction may appeal,appeal to the court of second instance review of the case,the facts and evidence to conduct a comprehensive review,ensure the quality of cases,improve work efficiency,to prevent miscarriages of justice.Third,resolve social contradictions.Under the premise and principle of the unity of punishing crimes and saving education,the implementation of the criminal justice policy of temperingjustice with mercy is conducive to stabilizing social order and building a harmonious society.Fourth,give full play to trial supervision function.Our country is on the lower court supervision and supervised relationship,through the way to realize the supervision and restriction of power,to the court of first instance can promote the due diligence of the trial,to ascertain the facts,and thus avoid the innocent.The second part is based on practice,makes an empirical study on the Criminal Adjudged case.The article carries on the positive research through the following three aspects: first,carries on the statistical analysis to the concrete case.Second,complete the classification of sentence types of cases.Third,analyzed and classified commuted reasons.The article thinks,a variety of reasons to the diversity,first,because of the facts and evidence and commuted.First of all,because of the emergence of new facts during the second instance commuted,such as the defendant to actively compensate the victims and their relatives,get understanding;during the second trial the defendant meritorious verified;secondly,because the case part of the facts are unclear and commuted;thirdly,due to lack of evidence for being adjudged;,conviction and punishment on the defendant prosecutor not the facts of the crime accused and commuted;finally,lead to crime division to master.Second,because of the qualitative error and the application of the law and judgment.Third,due to improper sentencing and judgment.Fourth,because of the death penalty policy and to grasp.At the same time,some defects of the first instance judgment are enumerated.Although it does not affect conviction and sentencing,it should be paid attention to in the actual operation.The third part is found in Criminal Adjudged problems,and puts forward some improvement suggestions.The main problems are: one is the concept of justice is not timely change;two is the judge's level of business,its quality should be improved;three is the judge's work enthusiasm and sense of responsibility needs to be further strengthened;the four is poor communication mechanism;five is the lack of knowledge in the harmfulness of low-level error on.This paper puts forward the following suggestions: one is to establish a unified standard to;the two is to improve the judge training mechanism;three is the establishment of strict procedures to.