The Perfection Of China's Criminal Procedural Appealing System

The right of appeal is the legal right that the criminal procedure law of our country give to the defendant.The defendant may appeal against the facts and may also appeal against the legal issue.With the appeal of procedural justice,people pay more and more attention to the protection of the rights and interests of the defendant.Therefore,the"Procedural appealing system " against procedural illegal acts in the court of first instance has gradually entered the vision of the people.The issue has also received more and more attention from the practical and theoretical circles that the defendant seeks the higher court through a”Procedural appealing system " to impose sanctions on the procedural illegal acts of the court of first instance.The concept of "Procedural appealing system "had existed since 1979.In 1996,the criminal procedure law further emphasized the relevant content of procedural appeals.The criminal procedure law of 2012 did not change the regulations of 1996 and continued to use the relevant regulations,but compared to the United States?Germany and other countries,there are still great problems in procedural appealing system of our country,such as:the object,the reason,the result of the sanction,and the way of trial,and Trial grade system of our country.This article investigates the design and construction of foreign countries system through comparative method,and according to the current situation of legislation and judicature of our country.In view of the defects of the procedural appealing system our country,this article proposes corresponding solutions and hopes to provide legislative and practical reference to the procedural appealing system of our country.