Empirical Study On Court Hearing Of Criminal Cases In Appellate Procedure

The new Criminal Procedure Law was formally promulgated in 2012,which clarified the scope of criminal second instance hearings,but the current situation of low'second-trial hearings has not been significantly changed.Data on trials in the second instance showed that there were differences in the open court hearing rate for different types of cases,reasons for appeals,and the participation of lawyers.And from the perspective of the quality of trials in second instance,the effect of court hearings is superior to non-opening trials in terms of arbitrating judgments in accordance with law,maintaining original verdicts,and remanding for retrial.Raising the proportion of hearings in the second instance is an inevitable trend in the realization of trial centered ism.It can start from the aspect of guaranteeing the opening of courtrooms,clarifying the standards of trials,and the discretion of judges to decide the court's discretion,and increasing the proportion of trials held in the second instance.However,judicial resources are limited.It is neither practical nor necessary to hold trials in all cases.Perfecting the trial of the second instance should not only increase the proportion of trials in the second instance,but more importantly,improve the quality of appeals by strengthening the defense of lawyers and the supervision of procedure organs.Enhance the protection of the defendant's rights.