Research On Complaints Of Criminal Unjust Cases

In recent years,with the development of the rule of law in China,human rights protection and procedural justice in criminal justice have been fully implemented,and a large number of criminal defamation cases have been corrected.According to the data of the work report of the Supreme People's Court,from 2013 to 2017,the courts at all levels of the country initiated trial supervision procedures to correct 39 major defamation cases in accordance with the law,so that justice can be finally realized.Tracking the reconciliation process of the case,we can find that the correction of these defamation cases is faced with the dilemma of “difficult to appeal and difficult to correct”.As an important remedy right of the parties,criminal appeal is one of the important ways to initiate retrial.Therefore,this paper starts from the perspective of correcting defamation cases and studies the complaints of criminal defamation cases.This article is divided into four parts:The first part is the specific case of the criminal case of the criminal case in China and the specific performance of the complaint.Taking the well-known cases of Two Zhang case in Zhejiang,Nie Shubin in Hebei,Chen Man in Hainan,and Xinhua in Fujian as an example,the difficulty of complaining about criminal cases in China is a manifestation of the real dilemma of the criminal grievances in China.The scrutiny of the review and the initiation of the retrial of the complaint have had little effect.The second part analyzes the main reasons for the difficulty in filing a criminal case in China.The reasons for the difficulty in filing a criminal defamation case are: first,the complaint initiation mechanism is not perfect,the appeal acceptance mode is blocked,the appeal and the petition are coincident,so that the appeal is difficult to be accepted;the second is that the appeal review mechanism is imperfect,and the review mode is rigid.The review criteria are unreasonable and the review period is missing.The third is that other supporting measures are not sound.The third part is about the investigation of relevant systems for solving difficult complaints abroad.Representatives from the United States,Britain,France,and Germany can find that these countries are very characteristic of the criminal appeal case relief mechanism.The UK pays attention to the independence of the grievance review body and establishes a review body independent of the government and the judicial system.The grievance handling model in the United States is more diversified,not only the participation of official grievance review organizations,but also the assistance of civil society organizations in appeal cases.To a certain extent,the success rate of criminal appeals has been improved;in the German complaint handling mode,the foreign courts acted as the appeal handling agency,and the participation of the prosecutors and the defendants in the original trial increased the transparency of the review;the French complaint handling mode was adopted by the Supreme Court of Justice.The receiving organization,and the establishment of a special review committee,is not subject to the interference of the local court,and is authoritative and independent.The fourth part is the specific measures to solve the problem of difficult criminal complaints in China.In view of the above problems and the reference of foreign mature experience,the article puts forward specific measures to solve the problem of criminal defamation in China: firstly reconstruct the criminal appeal acceptance procedure,implement the appeal acceptance procedure,and explore the appeal case classification procedure,that is,the appeal case at the acceptance stage Cases are classified to achieve key review of difficult cases;secondly,the criminal review procedure is standardized,the review mode is optimized,the parties are recruited and third parties are involved in the review process of the appeal case,and the review results are further promoted through clear examination deadlines,and finally the support is improved.Measures to strengthen the role of lawyers in appeals.