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Research on Criminal Appeal System of China

Author: ZhangShaoLi
Tutor: FengTao
School: Southwest University of Political Science
Course: Code of Criminal Procedure
Keywords: Criminal complaint Open Litigation Program
CLC: D925.2
Type: Master's thesis
Year: 2010
Downloads: 117
Quote: 2
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Abstract

The criminal complaint system is an important institution in our criminal procedure, with the deepening of the study of China's criminal complaint system, the drawbacks of the system becomes increasingly obvious. The criminal complaint was involved in a case of Final Appeal, the only way to achieve the right to relief, a good system design can effectively protect the legitimate rights and interests of the parties, to enable people to regain confidence in the law and respect for the judicial authority. Scientific criminal complaints system can prevent the wanton exercise of public power, reflecting the principle of passive and judicial restraint. Our current criminal complaint procedures v. does not have the characteristics of the claimant's allegations exceptionally difficult. On the other hand, the criminal complaint contradiction between the maintenance of stability and Implementation of cases entity value of the pursuit of true two frequent entry into force of the referee's authority being challenged. Current complaint system has been unable to adapt to the needs of the community, the proceedings of the criminal complaint and application retrial procedure reform must. This paper is divided into three parts, the body of three thousand words. The first part of this paper describes the main problems of the criminal complaint procedures. First, the criminal complaint admissible and commuted difficult. A very small proportion of total number of complaints a criminal complaint is admissible, even if it is accepted, the multifaceted impact of the revision of probability is small. Second, the criminal complaint body confusion. If the victim as a criminal complaint body's Procuratorate protest right there is a conflict; complaint intersubjectivity, primary and secondary, has divided; legal right to appeal criminal incidental civil parties and the unit has not made provisions. Third, the mode of the the two Shen final admissibility of the applicant's complaint, inevitably influenced by external factors in many case, to some extent affect the realization of judicial justice. Fourth, the provisions of the criminal complaint reason general lack of maneuverability, some does not comply with the judicial practice. In addition, many of the grounds for appeal, including procedural errors. Fifth, the criminal complaint procedures lack of litigation. Performance without the participation of the parties for the admissibility of the review process of completely closed; no clear boundaries between the complainant and Complaint Letters and Visits. Sixth, unlimited, unlimited number of times during the criminal complaint. The parties can be repeated complaints, multiple complaints, such a waste of judicial resources, nor help right maintenance. Seventh, the high costs of the parties to the criminal complaint. Specific performance of the criminal complaint was of long duration, and complexity of the procedure, the economic cost. The second part analyzes the main reason for the problems in the criminal complaint. Taken together, the five aspects of the causes of the criminal complaint, including the impact of the litigation culture, the judicial officer's subjective reasons, the impact of the historical development of the criminal complaint, the proceedings of the defects and social neglect of the criminal complaint. The third part of our criminal appeal system. The part of the focus of the full text. Ask questions in order to solve the problem, the analysis of the problems and causes, and how to solve the problem is the most important. Article discusses specific initiatives the perfect from the following aspects: first, the criminal complaint included in the proceedings. Second, the change of the chaos of the subject of the complaint to limit the victim's right to appeal, the provisions the main primary and secondary order of the criminal complaint, clear with Civil Litigants criminal complaint, the established criminal complaint in the dominant position, particular the protection of criminal inmates the right to appeal. Third, improve the criminal complaint jurisdiction. For the convenience of the parties to litigation and investigation of cases, the court seised of complaints in the trial court than properly; implement a Shen final application, in order to facilitate the efficiency of the proceedings; distinguish Procuratorate with the court of criminal appeal rights at the same time to prevent repeated complaints. Fourth, the criminal complaint reason is conducive to distinguish between the defendant and not in favor of the defendant, the and while procedural errors into the grounds for appeal. Fifth, improve the criminal complaint. The paper proposes to apply for a retrial should establish procedures, design, and operation of specific procedures. Sixth, a reasonable set of aging and the number of the criminal complaint. Order to avoid repeated multiple complaints, it is necessary to require reasonable duration and frequency of the criminal complaint, which also contribute to the timely realization of the rights. Finally, the criminal complaint system is a systematic project, improve the complaint with the need system, such as improving the trial program, lawyers involved in the grievance procedures.

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CLC: > Political, legal > Legal > Chinese law > Procedural Law > Code of Criminal Procedure
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