The Studies Of Several Problems With Criminal Trial

Criminal trial system is an important part of criminal procedure.Our constitution stipulates that the procuratorial organ has the function of legal supervision.However,the system of criminal trial and defense has an irreplaceable effect on the procedure and content of law enforcement.The criminal procedure law of the law has more rigorous expression for this parable: "the local people’s procuratorate considers that the people’s court at the corresponding level mistaken judgment or order of first instance,shall be by a higher people’s court." Criminal trial of counterappeal procedure established the reason is that by giving procuratorial organ to think there are incorrect judgment or written order right to question the trial results,through the criminal trial of the protest in the form of trial supervision,to supervise the court trial and limit the function of court trial results.The basic aim of the procedure of criminal prosecution is to correct the wrong judgment and ruling,so as to achieve a fair trial,safeguard the legitimate rights and interests of the parties involved in criminal cases,and safeguard the justice of the law.It is of great practical significance to correct wrong judgment,uphold legal dignity and perfect judicial procedure.The people’s procuratorate for the implementation of the criminal trial of the protest procedure in order to guarantee the people’s court of justice,conform to the rules of law ruling,prevent the occurrence of encounters wrong case,at the same time correct on sentencing.The result of the judgment of the people’s court is directly related to the legitimate rights and interests of the litigants,namely,the legal rights and interests of the accused and the victim.Therefore,criminal trial and counterclaim also has the important role of protecting the legitimate rights and interests of the parties.This paper aims to analyze the present situation of the procedure of criminal second instance and the existing problems in the procedure of the second instance of criminal prosecution in China,and propose corresponding solutions to these problems.In the practical sense,the procuratorate,as the legal supervision department of our country,performs the duties of supervision in the execution of criminal investigation,judgment,judgment and ruling.In this paper,the procedure of criminal trial and prosecution is to realize the supervision of various activities of the court in the process of trial.The supervision of the trial activities through criminal trial and second trial can maximize the fairness of the trial activities,and timely correct the wrong judgment and uphold the judicial authority and dignity of our country.This paper is divided into four parts.The first part introduces in detail the procedure of criminal procedure of criminal trial in China,and elaborates from three aspects.The first on the one hand,analysis of the current our country criminal second instance protested the program’s main meanings and basic characteristics of criminal trial of the protest,is through the protest program realization of the people’s court trial is an effective legal supervision,to ensure that the people’s court in accordance with law,exercise the right of jurisdiction.The second part analyzes the relationship between the criminal trial and the criminal trial supervision,and the criminal trial is the core position in the supervision of criminal trial.The third aspects elaborates the criminal trial of the protest in the maintenance of lawful rights and interests of the defendant and the victim role,and its leak fill a vacancy of events in the first-instance court cognizance and the loopholes and neglect on the final judgment.The second part is the present situation and existing problems of the second trial.Based on the current state of legislation in the criminal trial of the protest and judicial status quo,summed up the current our country criminal trial of the protest is mainly the problems of legislation in our country criminal second instance counterappeal system related law enacted by the general.Judicial problem for our country in the actual start executing criminal criminal protest procedure,procuratorates,courts and other relevant departments of the program will be more limited resistance,and procuratorial organs of the protest is selectively rather than absolute,and internal management system of the people’s court,and the influence of the people’s procuratorate internal assessment mechanism.The third part is aimed at the legislative judicial perfection of the legislation in the second part of China.By perfecting the current sentencing rules in China,the relevant laws are complemented by judicial interpretation,while improving the procedure of criminal trial and adjudication.In order to widen the scope of the second instance,the judicial system should be eliminated,and the internal examination and evaluation mechanism should be improved to perfect the procedure of criminal trial.On the basis of the analysis of the current system of the criminal trial of the second instance,it is reasonable to improve it to adapt to the current development of the judicial status quo.The fourth part through the criminal protest of cangzhou procuratorial organs data of empirical analysis,proposed the criminal trial of the protest and the criminal retrial protest and trial supervision pattern,at the same time to strengthen the procuratorial organ office staff in the field of professional accomplishment and professional level,the overall ascension of the procuratorial organs in criminal protest theory,program,content,business ability,strengthen procuratorial organs by consciousness of the staff,build a "reasoning model by" the new system,ensure normal criminal protest.In this article,through detailed analysis of the criminal second trial the protest in China,put forward a series of perfect our country criminal second instance protested the program’s way,is in order to guarantee the impartiality of the judgment or ruling,so as to realize the true sense to punish crime,protect the people.