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Research of Criminal Appeal System in China

Author: XieXie
Tutor: LiuShaoJun
School: Anhui University
Course: Legal
Keywords: appeal subject reason jurisdiction time limit
CLC: D925.2
Type: Master's thesis
Year: 2011
Downloads: 72
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Abstract

Criminal appeal system is one of the basic systems of criminal proceedings in China. In the whole system of Criminal proceedings, the criminal appeal is both judicial guarantee and judicial relief in the criminal justice system, it is also an effective way to the parties of the proceedings to achieve the right to relief in the end. A good system design can effectively protect the legitimate rights and interests, so that people regain the law confidence and respect judicial authority. At the present stage of China, the criminal appeal system is not perfect; there are many problems in practice. The criminal appeal system is often resulting in complaint to be legitimate judicial buck-passing, or dismissed for various reasons, there are not processed; improper difficult to suppress the repeated false complaints, it causing distress to the judicial work. It neither adequately protects the citizen’s right appeal against the exercise, also affect the normal operation of the judiciary order. Therefore, a perfect system of criminal appeals has great significance. It benefit to promptly correct miscarriages of justice, it safeguard the legitimate rights and interests, it benefit to restore social justice and order; it help ensure that judicial organs in handling cases use a comprehensive and accurate way at the law, the right to exercise any powers of criminal law and hard to help resolve the complaint, it help resolve the complainant abuse, hard to appeals and other issues, from the source to reduce the cases of law-related Litigation petition have to maintain social stability and unity, and ensure success to construction of a socialist harmonious society.It is a kind of legal activity when parties, legal representatives and relatives refused to accept the decision or conclusion that the People’s Court has taken legal effect of criminal judgments and rulings and decisions not to prosecute the People’s Procuratorate and the investigating authorities, They require re-examination process by the People’s Court, People’s Procuratorate or public security organs according to the law. It exists in the whole process of criminal proceedings. Right of appeal is to be a fundamental rights protected by the constitution and right of appeal can be actionable.As criminal procedure of law in China provides too principles and abstract, there are many problems. The main aspects of the complaint, the complaint does not require strict main sequence between the levels of death in the absence of the main complaint. The code of criminal procedure did not make the relevant provisions such as missing the main appeal and unit interests have been infringed and so on. It is easy to allow the main appeal misunderstanding and leading to excessive application abuse appeal when lack of appropriate restriction to reasons in the grounds for appeal; It is not conducive to the main appeals of the jurisdiction in appeal proceeding, There are conflicts of competence between the People’s Court and People’s Procuratorate and unclear division of labor within the prosecution; In the appeal period, The term of the appeal is not to be qualified to receive and review period is also very vague; In the process of the program, the existing complaints review opaque process, review the results is not easy to convince the complainant.General and abstract system of criminal appeals is neither conducive to the judiciary law enforcement duties nor is conducive to guide the parties to exercise their legitimate rights in criminal proceedings. First of all ,improve the criminal complaint system should change the trigger mechanism to start a criminal appeal, the complainant filed the appeal that should have primary and secondary,should have appropriate range of grounds for appeal, should limited period of the appeal; Second, the jurisdiction of the criminal appeal to be perfect, it will divided appeals against decisions of the Court into favorable and unfavorable defendant, the favorable appeals of the defendant rule by the court, the unfavorable appeals of the defendant rule by the prosecution, the appeals of the decision against prosecution rule by the off-site Prosecution. Last, the criminal complaint and supervision mechanism for the review should improve, admissibility of the case and review of cases should separate, the combination censorship of written review and investigate actual should establish, the legal instruments of reason should strengthen.

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