Research On The Appeal Censoring System For The Discovery Of Criminal Miscarriage Cases

With the reform of the judicial system and supervision system gradually being implemented,the legal supervision as authority essence from Procuratorate will become more prominent.Specifically,appeal censoring system by Procuratorate is an important aspect it,the core function of which as finding misjudged cases is supposed to play a greater role.However,as an important part of judicial relief in the criminal procedure,the functions of appeal censoring by Procuratorate have not been cognized correctly,which has the possibility to be weakened into a case management department.Meanwhile,the start of case reexamine procedure,the main way to discover the wrong cases,is too passive to find misjudged cases,not to mention the relatively simple means of review and lack of investigation rights for prosecutor.Therefore,in order to activate the core function of criminal appeal censoring to correct the misjudged cases,making it go hand in hand to perform various functions,this paper,based on the correct understanding of the criminal appeal censoring authority by Procuratorate,strengthens the finding ability of misjudged cases by broadening the startup body of the case reexamine procedures,lowering the standard and enhancing the right to investigate so as to safeguard the legitimate rights of the party concerned and judicial justice for enhancing the authority of Procuratorate to resolve disputes and the capacity of social governance.The study of criminal appeal censoring system to the discovery of miscarriagecase should be carried out on the premise of correctly defining the position of procuratorial function.From the function of appeal inspection system,the first chapter elaborates the unique connotation of procuratorial power and lays the foundation for optimizing the allocation of powers in finding misjudged cases.Based on the collected data,the second chapter analyzes the current dilemma of censoring the criminal appeals in finding the clues of misjudged cases and reviewing procedures,and investigates from three aspects: the legal provisions,the shortcomings of the system establishment and the behavior of the appeals subjects.The third chapter considers the essence of discovery organizations to the misjudged case from foreign countries,hoping the mature experience can provide a new way of thinking for perfecting the appeal censoring system to the discovery of miscarriage case in china.The fourth chapter of this article analyzes the practical significance of perfecting the appeal censoring system for the discovery of criminal miscarriage cases.Based on the importance,legitimacy and theoretical basis,this chapter proposes that the appeal censoring system has unique advantage in misjudged cases,which can helps to enhance the overall effect of procuratorial supervision and to standardize the exercise of appeal right as well as the order of filing the petition,finally realizing the goal of guaranteeing human rights and promoting the credibility of the judiciary.The last chapter puts forward the concrete path,measures to perfect the appeal censoring system for the discovery of criminal miscarriage cases.On account of the correctly understanding of the functions and positions,the existing laws and regulations,the chapter is engaged in filling the gap in regulation,activating the current laws which have not been fully used,in order to maximize the ability and effect of the appeal censoring system for the discovery of criminal miscarriage cases.