Research On The Second-instance Criminal Protest Of My Country's Procuratorial Organs

Our country's procuratorial organ's criminal second-instance protest is a way of rigid legal supervision.It plays an important role in the criminal judgment supervision of the judicial organ,and it plays an important role in achieving the defendant's punishment as a crime,ensuring that his crime and punishment are compatible,and protecting the parties' legitimate rights and interests.Monitoring role to ensure the justice of criminal trials.In order to meet the requirements of the reform of the judicial system,my country has established an integrated and diversified criminal litigation system,and criminal justice standards are gradually consolidating,which makes the situation of the second-instance criminal prosecution work more severe and places higher demands on the procuratorial organs.At the same time,in response to the high-pressure situation of the central government's heavy punches and vigorous anti-corruption efforts,it has integrated the "two anti" resources of the procuratorial organs,set up and established a supervisory committee,co-operated with the Disciplinary Inspection Commission,and established a "one set of two brands of horses" for efficient response.Corrupt work teams to adapt to the relevant work after the reform of the national supervisory system.After the reform,the functions and powers of procuratorial organs have undergone rapid changes.This has made the flexible supervision of procuratorial organs in criminal trials basically exist in name only,which has weakened the legal supervision effect of procuratorial organs to a certain extent.The legal supervision method is used to effectively supervise the criminal judgments of the trial organs that are not effective in the first instance,effectively supervise the procuratorial organs' checkpoints,fulfill the duty of maintaining the judicial organs' fair judgments,and ensure the fairness and justice of the judiciary.From the perspective of the new criminal procedure law,this paper analyzes the existing problems and corresponding measures of the criminal second instance protest in depth by combining with the system and judicial practice of the criminal second instance protest in China's procuratorial organs.The first chapter is the introduction,starting from the topic background and research significance of the research on the second trial resistance of procuratorial organs in China,it summarizes the current situation of the second trial protest,and expounds the overall research ideas and methods of this paper.The second chapter mainly expounds the concept,characteristics and significance of the second instance protest from the perspective of theory.The third chapter focuses on the research of China'sprocuratorial organs' criminal second-instance protest legislation is too broad and incomplete,such as the poor operability of the legislation,the poor enthusiasm of the subject of the right to protest,the small number and poor quality of the protest cases,and analyzes the causes of the problems in combination with the relevant provisions of the current laws of China and the judicial practice of the procuratorial organs.The fourth chapter makes a large number of comparisons between the civil law system and the Anglo-American law system countries,so as to learn from the experience in resolving the existing problems in the second instance protest in our country,such as the legislation level,the elaboration of the right to protest and the expansion of the scope of the second instance protest.Appeal the fifth chapter is this article core part,in view of the problems,causes and draw lessons from,come as soon as possible from the specific detailed judicial interpretation to make up the criminal second trial protest the lack of legislation,improve the procuratorial organs of the protest enthusiasm,improve quality,and the effect of procuratorial organs criminal second instance protested cases will be discussed in detail,to many measures and form the joint effort,strive to solve practical problems,and on the legislation to provide certain reference for criminal trial of the protest,push the procuratorial organs of criminal trial supervision of research further.