An Empirical Study On The Mechanism Of Second-instance Revisio

According to China's "Criminal Procedure Law",the trial of cases in China's courts is subject to a two-trial final review system,which means that the Criminal Procedure Law gives the parties the right to seek relief.Under normal circumstances,the court of second instance has the following methods of judging when handling cases:maintaining the original judgment,sending back the retrial,and directly changing the judgment.The second instance court will conduct a full case review of the case,including facts,evidence,legal application,and trial procedures.The role of the second-instance procedure is the self-correction of the judicial trial procedure and the procedural relief of the parties,and is also an effective way to prevent unjust and false cases.Reconsideration is a way of handling cases in the second instance,but in judicial practice,the use of rectification does not reflect its due role.This paper conducts empirical research on the reasons for the second-instance decision-making rate and the second-instance judgment,and hopes to find the rules and related problems in the operation of the second-instance judgment mechanism,such as the second-instance change rate and the reasons for the change of judgment,and the reasons for the second-instance judgment in practice.Problems arising from the operation of the second-instance review and judgment mechanism.Based on the judicial reality,this paper takes 6896 criminal judgments of the middle-level and above people's courts of 31 provinces,municipalities and autonomous regions in 2016 as samples,and collects the cases of second-instance judgments and related judgments,and analyzes the operation of the second-instance judgment in our courts.It summarizes the relevant laws of the second-instance reform rate and the reasons for the second-instance judgment,and further analyzes the actual situation that affects the effect of the second-instance judgment.It is difficult to judge the second-instance judgment,the second-instance court pursues the low-risk probability,and the second-instance correction function is weakened.The existing problems are demonstrated.Finally,in view of the problems existing in the second-instance rectification,the paper puts forward measures to improve the misconduct investigation system,correctly apply the re-review and correct the judgment,and improve the criminal reconciliation system to solve the problem of the second-instance rectification function.perfect.In the study of the reasons for the second-instance judgment,this paper mainly analyzes the reasons for the application of the law,the facts of the case,the wrongness of the crime,the slightest sentence in the first instance,the excessive punishment in the first instance,and other reasons.Each major category has various different situations in the specific practice.In the process of statistical data,problems such as irregular writing of judgment documents,inaccurate amount determination,and unclear judgment standards are found in practice.From the data,it is found that there are few acquittal judgments in China's second-instance judgment,the criminal reconciliation system is widely applied,the judges'wrong case investigation system restricts discretion and the court pursues the characteristics and problems of low probability.Finally,according to the problems found in the previous article,the countermeasures are pointed out in a targeted manner,that is,to improve the system of investigating wrong cases,to define the scope of wrong cases,to refine the standards of criminal reconciliation and to stipulate the applicable conditions;to limit the application of retrial,and to directly change the cases that should be changed according to law.