Study On The Trial Of Criminal Second Instance In Court

It has the significance to seek the facts of case,protect the litigant’s litigation rights and ensure the litigant’s effective participation in the criminal procedure.But,from the perspective of Chinese judicial practice,the opening of a court hearing for all criminal cases of second instance not only does not accord with the requirements of litigation economy but also does not accord with Chinese judicial reality of more cases and fewer judicial personnel.When the Criminal Procedure Law of Our country is amended stipulate Death penalty cases and prosecutorial protest cases and if the appellant raises an objection to the factual evidence,the court considers it necessary to hear the case as the case that should be heard,the move is aimed at increasing the opening rate of second-trial criminal cases.But according to data released by the China Law Yearbook,the 2012 revision of the criminal Procedure Law has failed to fundamentally change the current situation of low trial rates for second instance criminal cases.This thesis takes the court opening rate of the second instance as the entry point and the judicial documents of A city,Z Province from 2017 to 2020 as samples.With the help of SPSS data analysis software,this thesis analyzes the problems existing in the court opening process of the second instance on the basis of statistical data: After the criminal procedure law enacted to change the present situation of the criminal second trials court trial low,the judge in the choice of the ways of criminal trial there is at the discretion of the larger,the current situation of the criminal second trials court trial low infringe on the lawful rights and interests of the defendant,lawyer defense functions play a limited,the function of procuratorial organs play.Based on the problems existing in the trial of criminal cases of second instance,this thesis has studied the relevant provisions of appellate trial in civil law system and Common law system,and draws lessons from the experience of appellate trial outside China based on the judicial practice in China.Reasonable limits on the discretion of judges,first of all,on the basis of the theoretical research of relevant scholars in Our country,the decision of whether to hold a trial of a criminal case of second instance is transferred from the collegial court to the case filing court;secondly,on the basis of the experience of the independent trial system in the field of civil procedure,the author explores the separation of complicated and simple cases to relieve the pressure of the court of second instance;finally,the online trial is explored to save trial resources.In the aspect of exerting the procuratorial organ’s legal supervision function,the performance of the legal supervision function of the second instance case is included in the procuratorial organ’s performance appraisal scope,through strengthening ideological education to enhance the sense of responsibility of procurators,by the procurators for the whole process of not hearing cases,the establishment of case files.In the protection of lawyers’ defense function,provide convenience for lawyers to read files through the court lawyers have the right to apply for oral arguments for cases not heard in court custody departments provide convenience for lawyers to meet the defendant by appointment and other measures to ensure the function of defense lawyers play.In terms of protecting the legitimate rights and interests of the defendant,the court should inform the defendant of the matters brought up for trial in advance and respect the defendant’s right to state and defend,The judicial organs and procuratorial organs should designate qualified defendants for defense or apply for such measures to protect the legitimate rights and interests of defendants...