Criminal Retrial Appeal Hearing Procedure Research

At present,the appeal review procedure of criminal retrial is an important way to find the wrong judgment and influence the opening of criminal retrial procedure.However,China's criminal procedure law and relevant judicial interpretations have not made provisions on the specific procedures and methods of appeal review,so that the review of retrial appeals in judicial practice is lack of effective supervision and restriction,and it is easy to cause that wrong cases can not be screened in time,and it is difficult for complainants to successfully appeal.The hearing procedure with its own characteristics of justice,openness and social participation can effectively solve the problems of secrecy and writing in the current review of criminal retrial appeal in China to a certain extent.Unfortunately,the application of hearing procedure in criminal retrial appeal review is not universal at this stage,and some places are just trying in the process of exploration,and there is still a lot of room and necessity to improve the specific application.Based on this point,this paper aims to sort out the current situation of the application of the criminal retrial appeal hearing procedure,find out the problems in the current practice,and explore the improvement path of the criminal retrial appeal hearing procedure in China on the basis of the beneficial experience of foreign related hearing procedures.Specifically,this paper first gives an overview of the hearing procedure of criminal retrial appeal,combs the concept and characteristics of the hearing procedure of criminal retrial appeal,and analyzes the practical significance and practical basis of applying the hearing procedure in the current review of criminal retrial appeal in China,so as to clarify that the hearing procedure plays an important role in the review of criminal retrial appeal and has broad prospects;then it analyzes the application of hearing procedure in the practice of criminal retrial appeal review in China,and combs out the existing problems in its current application from three aspects: the main body of hearing procedure,the design of hearing procedure and the guarantee mechanism of hearing procedure;then it investigates the application of hearing in foreign related procedures,mainly taking the United States,the United Kingdom and France as examples to draw on their useful experience in the application of hearing;finally,in view of the problems in the application of the above-mentioned criminal retrial appeal hearing procedure,and combined with foreign beneficial experience,this paper puts forward specific suggestions on the improvement of the criminal retrial appeal hearing procedure from six aspects: the scope of application of the case,the subject and method of starting,the subject of participation,the operation of the specific procedure,the way of relief,and the effectiveness of the hearing results,In order to provide help for the better application of the hearing procedure in the criminal retrial appeal review in our country,we should build the coordination and liaison mechanism between judicial organs,strengthen the participation of lawyers in the appeal hearing procedure,and improve the personnel security and material security.