Study On The Legal Problems In The Criminal Prison

Once the judgment is effective,the res judicata is generated.Considering the stability of the law,the litigants in the case can no longer have any dispute.However,due to the fact that the facts of the case may not be satisfactory and accurate,the application of the law is ambiguous,and the judicial mistakes are unavoidable.Finally,it is inevitable that the parties involved in the case will be confused with the high wall power grid.With the progress of the rule of law in the new era and the improvement of the consciousness of human rights protection,the appeal of the criminal is deeply concerned by the public.The imprisoned wanderer also has the right to appeal,and their right to appeal is a double-edged sword.If the power or rights can be guaranteed,the individual can effectively dispel their dissatisfaction with the judgments and adjudication,and dissolve all kinds of contradictions that may occur in the prison;the executive organs can effectively improve the quality of the criminal education and reform.To maintain the stable management order of the prison,the judicial organs can find and correct the wrongful false cases,further safeguard the judicial credibility,and also promote the standardization and transparency of the appeals;In society,we can effectively transport law-abiding citizens and promote social harmony and stability.And guarantee the loss or rights and interests of the society.It is gradually weakened,and the positive energy of penalty transformation is turning to resist negative and negative energy.Rights and obligations are putting the cart before the horse,and the risk of law enforcement will increase sharply.In practice,the exercise of the power of the criminal is a mystery.There are no detailed provisions in the sequence of the main body of the appeal,the transfer of the appeal,the conditions for starting the retrial procedure,and so on.Therefore,it is very necessary to further refine and perfect our criminal appeal system from legislation and guarantee the right of petition for criminals.This article is divided into three parts.The first part is an overview of the criminal prison appeals,respectively from the four aspects of the subject,the object,the effectiveness of the appeal,the appeal way to introduce the particularity of the complaint in prison,and clarify the practical significance of the four aspects of guaranteeing the right of the criminal to appeal,that is,it is beneficial to the maintenance of the stability of the prison management order and the promotion of the construction of the sunshine project.It is conducive to practicing the concept of root security and promoting judicial fairness and justice.The second part generalizes the current situation and existing problems of the criminal complaint in our country.Because the criminal appeal is on the rise,the reasons for the appeal are varied.A few criminals can not correctly handle the relationship between the appeal and the serve of the sentence,and do not accept the final judgment,and the related departments do not attach importance to the criminal appeals,leading to the right of remedies for criminal appeals can not be guaranteed.The main reason for these problems lies in the inadequate appeals system,the gap between the legislative ideas and international standards,the unpaid attention to the right of appeal,the unsound working mechanism of the relevant departments,the high awareness of the rights of the criminals and the lack of common sense of law.The third part puts forward the corresponding suggestions and countermeasures from two aspects of legislation and practice,hoping to provide reference for the protection of the right of the criminal's appeal and the perfection of our criminal appeal system.