Perfection Of Trial Procedure Of Second Instance Of Public Prosecution Case

As an important part of the criminal trial procedure,the second-instance trial procedure of public prosecution cases is the supervision and correction of the firstinstance procedure,provides relief channels for the defendant,and gives the criminal second-instance procedure an important position in the criminal procedure system.The emergence of the second-instance procedure helps to ensure the dual justice of judicial entities and procedures,effectively maintain judicial authority,and demonstrate the criminal procedure system’s pursuit of diversified values.The value of the criminal trial procedure has dual attributes.The external tool value and the internal justice value together constitute the value foundation of the criminal trial procedure system.Since my country enacted the first "Criminal Procedure Law" in 1979,it has also undergone two major revisions in 2012 and 2018.However,there are still some problems with the second-instance trial procedures of criminal cases:The law sets up expedited procedures,summary procedures,and ordinary procedures for the first instance procedure,but these procedural provisions are not reflected in the second instance.The court of second instance lacks a triage procedure,and the newly added default trial mainly involves the first instance.The "Criminal Procedure Law" does not stipulate whether the appeal case of the case of confession of guilt and punishment shall be decided by referring to the first-instance procedure for expedited judgment or the ordinary second-instance procedure.Both the initiation method and the trial method of the second instance need to be improved,but the law does not specify the scope of non-court trial.At the same time,the appeal without penalty system is in conflict between the Criminal Procedure Law and judicial interpretation,and the courts of second instance often circumvent this principle by remand for retrial.In addition,the law and legislators did not define the scope of the adjudication committee,and there have also been relevant provisions on the responsibility of the adjudication committee members for the lack of results of case discussions.Although the function of the second-instance procedure of criminal cases in my country’s legislation and judicial aspects is not satisfactory,re-examining the problems in the second-instance court trial and making targeted suggestions on the secondinstance procedure is of great significance to the solution of difficult problems in the second-instance procedure.First,select appropriate and effective trial procedures based on the circumstances of the second-instance court trial,reposition the retrial procedure in absentee trials,and separate the cases of confession and non-guilty confession in the second instance,so that the second-instance procedure can improve the efficiency of judicial proceedings and concentrate efforts.Trial more complicated and difficult criminal cases.Second,it is necessary for the law to implement oral appeals into the law,enrich the defendants’ appeal methods,refine the specific content of oral appeals,and truly implement oral appeals.Third,if the second instance does not open in courts,the law should clarify the types of cases that do not open in courts,and a multi-clause list of criminal cases that should not be opened in courts.At the same time,the specific operations of non-court trials should also be strengthened to ensure the fairness of the criminal second-instance procedure in non-court trials.Fourth,the author proposes to directly delete the legal provisions that conflict with the principle of no additional punishment on appeals,and at the same time refine the provisions on the principle of no additional punishment on appeals,so as to solve the situation of evading the principle of adding punishment in disguise in judicial practice.Fifth,strengthen the awareness of "trial-centered" judicial practice,safeguard the principle of judicial independence,and guarantee the core position of the judges’ judicial power of the second instance;abolish the system of request and instruction from the lower and lower courts in judicial practice,and return the judicial power to Corresponding courts have effectively strengthened the trial power of the court of second instance by improving relevant content of the adjudication committee.