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On the criminal appeal system

Author: WangXiaoLi
Tutor: ZhengXu
School: China University of Political Science
Course: Procedural Law
Keywords: Criminal complaint Criminal Cases Review Commission Favor of the defendant Not in favor of the defendant
CLC: D925.2
Type: Master's thesis
Year: 2009
Downloads: 133
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Abstract


Sophisticated system of any of the settings are not absolutely prevent the occurrence of a miscarriage of justice (wrongful conviction), while punishing innocent people is the greatest injustice, and therefore, the relief of a miscarriage of justice is crucial. In the aftermath of the miscarriage of justice, the rights given to the relief of the parties to justice needs. Complaints system as an important part of the program of wrong case to correct, no points in favor of the defendant's complaint and in favor of the defendant's complaint, do not distinguish on the grounds for the complaint, the settings of the duration and number of times, provisions or very principles, the lack of operability, or is not reasonable, does not meet the rule of law and protection of human rights principles. Thus, the reform of criminal appeal system is very necessary, and has important practical significance. System of the United Kingdom's Criminal Cases Review Commission (The Criminal Cases Review Commission) (CCRC) is to correct a miscarriage of justice system in England, the Commission is established under the British Criminal Court of Appeal in 1995 \Since the formal operation in 1997, the Criminal Cases Review Commission, successfully dealt with a lot of the Defendants' request for retrial of cases, and ultimately a miscarriage of justice to be corrected, restore the confidence of the British people for the British criminal justice. United Kingdom, though, and our country belong to different legal systems, but the success of any advanced country under the rule of law system should be we can learn from. Advanced practice of the Criminal Cases Review Commission system reflects the spirit of the rule of law and specific procedures for the reform of the criminal complaint has important reference value. The writer proposes to introduce and analyze the system of the British Criminal Cases Review Commission, Criminal complaints reform proposals. Specific content, the paper will be divided into four parts to elaborate: the first part, an overview of the United Kingdom's Criminal Cases Review Commission system, including the background of the Criminal Cases Review Commission, work status, organizational structure, functions and powers transferred cases conditions and the specific operational procedures. The second part of the wrong case of the British system of analysis of the Criminal Cases Review Commission as to correct the system, the advantages of its existence. Then explore the system of the Criminal Cases Review Commission reference for reform of criminal appeal, a member of the Criminal Cases Review the independence, it was just accepted in favor of the defendant's complaint, and transferred in the review of cases to start the retrial procedure easier to These characteristics of China's criminal appeal reform is an important reference value. The third part of the analysis on the status of our system of criminal complaints, and pointed out that the main problems. The problems of China's criminal complaint system, including the acceptance and examination of the complaint requests authority is not neutral and not distinguish in favor of the defendant's complaints and is not conducive to the defendant's complaints, as well as by the complaints of the parties to start the criminal retrial procedure is more difficult. Part IV, pointing out the need for the reform of China's criminal complaint, and further put forward specific proposals for reform. The recommendations include both the concept of legal proceedings, including specific procedures. Based on the actual situation of our country should be accepted by the court of neutral high-level appeal request of the parties is more important in our country should distinguish between the defendant's complaint and the complaint in favor of the defendant, and in the time limit of the complaint on the grounds number of times, respectively, to make the relevant regulations.

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