On The Relationship Between The Grounds Of Appeal And The Second Instance In Criminal Proceedings

In the system of the court of second instance being the court of last instance in our country,the trial of first instance is the most critical procedure,and the trial of second instance is the remedy procedure.In theory,scholars have an intensive study on the trial of second instance and the appeal system,whereas the study on the relationship between the grounds of appeal and the second instance in criminal proceedings have being unsystematic and rare.In view of the present situation,the article seeks to reasonable definition of the meaning and functions of the criminal grounds of appeal,throughout the legislative mode,trying to standardize the start of the second trial,the trial range,as well as the method of trial conduction.So,it is not only helps to filter unreasonable cases,optimize the allocation of limited judicial resources,but also help to further clarify the range and method of second instance cases.It is can be seen,the grounds of the appeal as the balance point of the second instance the procedural rights of relief and litigation efficiency,both to ensure the fairness of the procedure of second instance relief,but also help to improve the quality of trials and litigation efficiency.Study on the grounds of appeal develops a systematic in theory,also has a very important practical significance.In addition to the introduction and conclusion,the article is divided into three parts,a total of fifty thousand words.The first part study the connotation,function and the legislative models of the criminal grounds of appeal.The grounds of appeal are a concrete cause that appellant refuse to accept the unexecuted judge and plea for a review in the superior court,for obtaining the procedural interest.It is not only a concentrated expression of the appellant objection,but also the right of appeal which is the only way for the second trial relief functions.The functionality of the grounds of appeal is epitomized in two ways:Not only is it necessary to start the trial of criminal appeals entity,is also an objective standard to determine the second trial and judgment range.Legislative model of the grounds of appeal in two law systems have the following in common:First,the grounds of appeal and the trial-level functions are closely related.Under the system of the court of third instance,the grounds of appeal is increasingly becoming one of the elements appeal(especially legal trial).Second,the type of power appeal less limit the grounds.In the context of the review system,the court conducted a comprehensive survey on the terms of reference of the factual evidence,the grounds of the appeal less to qualify,while appeal as a right given to the defendant.Third,the legislative models with the transition from the rights-type to the discretion-type,requiring the appellant to put forward clear grounds of appeal has become a trend,and have been formed in some countries explicit legislation,even in a small number of countries do not limit the grounds of the appeal,scholars have also begun to reflect on the system.Fourth,there is a strict standard of review of the grounds of appeal in the legal trial,need to review and judge of the grounds of appeal,which have a great significance to be a effectively uniform application of the law,and be a good legal guardian for the Court of Appeals for the two law systems countries.The second part study the legislation and practice running condition of grounds of appeal.This part range from the appeals to review and trial the case for clues discusses three areas.First,the start-up phase in the appeal procedure,there is an unbalance between prosecutes and defendants,and present a mode paying more attention to period instead of the grounds;Second,in the scope of review,a comprehensive review although violated no trial without complaint proceedings principle,but still have a certain value of the existence in the context of China’s reality,so it should be a combination with the comprehensive review and focused review of the grounds of appeal;Third,in the way of trial,court_hearing as a principle,documentary hearing as an exception,but in judicial practice principle the exception are the inverted.In addition,although the second trial attracted more and more attention of the parties,in practice,the superior court based on the evaluation mechanism of pressure,hearing rate has also been some increase,but this quantify evaluation only mechanism,there is no fundamental benefit both to improve the second trial efficiency,nor from in essence to achieve the purpose of the interests of justiceThe third part put forward concrete ideas to perfect criminal grounds of appeal.Corresponding to the above problems,in the analysis of all aspects of the function in the second criminal trial,and then put forward concrete ideas.Described specific three-pronged approach:first,the appeal to reason as the statutory requirements of the appeal,on the one hand,to avoid the "power-seeking cases" large inflows,on the other hand provides the basis for the trial and sentencing;second path to clear the grounds of the appeal hearing way to build and combine empirical analysis theory,explicitly to hold a hearing on the scope of the case and not;third,the trial to the grounds of the appeal as a standard to determine the second trial that will be a combination with the comprehensive review and focused review of the grounds of appeal,which avoid the disadvantages of written examination in order to achieve balance of the effectiveness and relief function of the proceedings.At the same time,it should be perfect supporting measures to regulate the referee reason of the instruments of the Court of First Instance,the registration of second-instance court filing review instead,the rational allocation of the investigative powers of the court,and improve the work of the court evaluation mechanism from the convergence of systems and working mechanism to refine the specification to create a good environment for the effective operation of the criminal grounds of appeal.