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The Research on the Criminal Trial Appeals System in China

Author: WangMeiLi
Tutor: LuoZhiYong
School: Hunan University
Course: Criminal law
Keywords: The Criminal Trial Appeal Procedural Justice Substantive Justice Retrial Reform
CLC: D925.2
Type: Master's thesis
Year: 2010
Downloads: 43
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Abstract


There is an affinity between the Criminal trial appeal system and the Criminal Retrial system. China’s criminal retrial system is an important part of the trial proceedings, it plays an invaluable role in the aspects of correcting the error referee, protecting the parties and human rights; and the criminal trial appeal system is the important material sources that the parties requested the Court to re-trial, and the People’s court or the People’s Procuratorate to decide whether to start retrial, improve the criminal justice system, whether or not the complainant, directly affecting the reformation of criminal retrial system. At present, there are still many problems in the China’s criminal retrial system, which is a major bottleneck problem as a constraint to China’s criminal justice reform, and deficiencies in the criminal trial appeal system is an important factor of affecting the reformation of the criminal retrial system,. In other countries, most of the country’s criminal complaint system has a higher status, for protection of human rights values, the parties in a particular case has a more practical right to request the people’s court to reconsider the case than the prosecution, while the admissibility of the complaint, review and processing requirements in a more detailed and operational. However, the complaints system of criminal justice in our country there are many imperfect, embodied in: the criminal trial on the complaint values less than hinder the development of judicial complaints system; criminal trial nature of the complaint is not clear, usually associated with letters and visits, etc., as a kind of democratic rights lack of transparency with regard to certain procedures and specific legal provisions comparatively extensive, showing a time of unlimited appeals, complaints and other characteristics of an unlimited number of review processes are not open, it is difficult to give people a sense of procedural fairness; in judicial practice, the judiciary responsibility for omissions and irregularities in the judicial instrument also makes a criminal retrial out of the complaint can not be difficult for the complainant, the complainant abuse difficulties. In fact, a relatively perfect system of criminal trial appeal is not only beneficial to the criminal retrial systems and indeed the improvement of the entire criminal procedural system, but also help to provide their clients with an effective means of relief in order to facilitate better protection the legitimate rights and interests of the parties, at the same time, you can calm the pain or grievances the parties to reduce complaints of abuse, endless phenomenon, reaching income v. only the defendants, the purpose of maintaining social harmony and stability. Therefore, in order to comply with the reform of the criminal retrial system, improving our country’s criminal justice system is extremely urgent redress. The author suggests that we can draw on a comprehensive civil law and common law system, some of the complaints the actual system suited to China’s domestic and regulations, to establish the basic requirements of procedural justice embodied party complaint system, while go on a more comprehensive and realistic and workable reformation in the value of ideas, specific procedural requirements and judicial practices, etc. aspects .

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