Reflection And Reconstruction On Criminal Appeal System

The criminal appeal system is very important for the court to impartially, accurately and timely attack crime, safeguard the interest of complaint. But in practice, the subject of the right to appeal can't found a place to complain, and it's very common to abuse the right to appeal. The order of appeal is in chaos. The drawbacks of the system in effect lead to serious problems. First, because these are some drawbacks in the provisions of the subject of the appeal, the jurisdiction of the appeal is indefinite, and in the same time the process of the appeal is administrative and not public, the litigants of the appeal can't found effective safeguard. Secondly, the related provisions of the appeal system in effect can lead to the abuse of the right to appeal just like because the subjects of the appeal are not in phase, it can lead to appeal repeatedly, the reason to appeal is too broad and vague. And it can lead to the abuse of the right to appeal, so it can lead to the waste of the resource of the justice, and further it can lead that the appeal cases which need corrected can't receive the appropriate treatment. And it can damage referee of the justice, and shake authority of justice. In order to resolve the problems, these are five parts in this article to discuss.The first section the implication and the character of the appeal systemFirst of all,the conception of criminal appeal is defined. In order to resolve the related problems of the appeal system, the conception of the criminal appeal is the basic. In the basic of the conception of the criminal appeal defined, it's important to emphasize the right of appeal is a kind of the right of relief. When the right is injured because of errors, the law endows the victim a kind of way to be compensated. In fact, it's a kind of the right to request in order to safeguard the realization of the right. The aim of the right of relief is for the judiciary to intervene; in the same time it can guarantee every subject of rights that can achieve its rights under the regulation of law. And the right of criminal appeal possesses character of the litigation. In order to bring the right into the circle of the litigation proceeding, it's important to make the character of the litigation of the right to appeal. And it's very important to make the appeal system procedurally and strictly to safeguard the right of the appeal and to resolve the problem that it's difficult to appeal.The second section the current situation and appraisal of the criminal appeal system in chinaIn this section, to discuss the system in these parts like the reason of appeal,jurisdiction of appeal and the treatment proceedings of appeal. And under the basic, we can appraise the current situation of the legislation of the appeal, and confirm reasonable provisions. In the same time there are a lot of shortages in the system. For example, the subjects of the appeal system and the sequences of these subjects are not clear, and the jurisdiction of the appeal system is unreasonable, and the proceedings of the appeal system are administrative, and black-box operations are everywhere. In practice, these unreasonable provisions must bring about a serious of problems, and damage the function of the appeal system. In the last two parts of this article, there are revolutions about the corrupt practices of the appeal system in effect. Any revolution needs some values to guide the revolution. The specific rules which laws stipulate are subject to the value which the law makers select. So the law makers choose the value of law on the basic of the specific rules. If there is not a reasonable value as a guide, it's possible to use indiscriminately the provisions, or abuse the unrestrained discretion, or make decision subjectively, or hesitate. So it's necessary to adopt a right guide.The third section the guiding ideology about the revolution of the appeal systemIt's important to safeguard the right to appeal and pay a lot of attentions to the jurisdiction. And it's necessary to use the efficiency value as the brace of the revolution. If there is not a kind of rational value to become a guide, the participants in the proceedings would apply mechanically provisions, or abuse the unrestrained discretion. So it's necessary to establish a right guide. The reform of the appeal system pay a lot of attentions to change the value, and pay more attention to the protection of the right to appeal.In the same time it's necessary to respect the res judcicata and the efficiency value as the support of the system.The forth part the reconstruction of the appeal systemOn the basic of the analysis of the corrupt practices of the appeal system in effect and the specific provisions of the appeal system, and in the same time on the balance of the two values of the indemnity against the right to appeal of the litigants and maintenance of the res judcicata of the adjudications., these are some suggestions about the revolutions of the appeal system on the analysis of the judicial system in effect and judicial resources. For example, it's necessary to change the range of the subjects of the appeal system and the sequences of these subjects. And it's necessary to make the reasons and the jurisdiction to appeal specific. In the same time, it's necessary to standardize the treatment proceedings of the appeal system. It's important to reconstruct the treatment proceedings of the appeal system. It's necessary to introduce the hearing proceedings into the review proceedings of the appeal system. In these proceedings, these are specialized staffs that make up the collegiate bench to adjust the volumes to review. On the basic of central issues, these are both bilateral litigants that participate to petition and defend themselves. And the courts investigate and verify the evidences. Then reject the appeal or start the review proceedings of the appeal system. It's important to introduce the hearing proceedings into the review proceedings of the appeal system, so the review proceedings of the appeal system posses the natural and impartial principles, in the same time, the review proceedings of the appeal system can show the rationality of the appeal system. This article perfects the appeal system on the basic of the revolution, so the appeal system can exert its roles.