On The Improvement Of The Criminal Appeal Case Handling Mechanism Of The Procuratorial Organ

Handling criminal appeals is one of the main ways for the procuratorial organs to realize the function of legal supervision given by the constitution.It through examining the effective judgment and handling decisions,correction of possible errors is made so as to safeguard the legitimate rights and interests of the complaint and effectively supervise the judicial activities of the courts and procuratorates.This paper is in the perspective of the procuratorial organs in handling criminal appeals,from the basic concept of criminal complaint connotation to mechanism of the investigating and prosecuting apparatus in the criminal appeal case,based on the existing laws,regulations and procuratorial practice,reference outside the rules,analysis of present situation and existing problems,the present complaint involving lawsuit reform background,combined with the current visits rationalization.In addition to the introduction and conclusion,the main body mainly discusses three aspects:The first chapter briefly introduces relevant concepts of the procuratorial organs in handling criminal appeals,including the appeal,the right to appeal and the criminal complaint,etc.,through the discrimination of concepts of the court handling such case,and t a comparative study of extraterritorial criminal complaint system of recent and contemporary times,clear the basic connotation,significance and distinctive features of the procuratorial organs criminal appeal cases conduction mechanism.The second chapter analyzes the operating status of the prosecution's criminal appeal case handling mechanism,and examines the existing problems in the operation of the mechanism through the elaboration of legislation,policies and procuratorial practice,combined with some cases.The third chapter is the focus of this paper as well as the most difficult part in the writing process.Through reflecting on existing problems and combining with relevant requirements of laws,regulations and judicial responsibility system reform,it puts forward suggestions on optimizing case handling mode,improving case handling procedures and integrating case resources from the aspects of legislation,practice and reform.