On The Type Of Trial Of The Second Instance For Capital Case

Reformation of the type of trial of the second instance for capital case is now going on. Although it is fruitful for this reformation, undoubtedly, much needs to be discussed, so as to provide the scientific theoretic guidance for the reformation. The research is based on such aim. This article includes as follow:Chapter 1 on the theoretic base for the type of trial adopted in the second instance for capital case. Such theoretic base includes the due process in capital case and the theory of the defendant's right of defend in capital case. Due process in capital case is about the reasons why the capital cases exist and that the requirements for due process in capital case.Chapter 2 on the introduction and analyses on the points of view on the types of trial adopted in the second instance for capital case. Research shows that the there are some kinds of points, there are: theory of trial in court, theory of trial in court and trial through written material, theory of multi-choice. The so called theory of trial in court maintains that, the type to be adopted in the second instance for capital cases should only be the trial in court. The theory of trial in court and trial through written material is that the court should chose whether to trial in court or to trial through the written material. The theory of multi-choice is the one that beside the trial in court and trial through the written material, there is investigation outside the court that can be adopted.Chapter 3 on the road of reformation. Road for the reformation in China is difficult, although the result is stimulating. From the supreme level to the provincial level, to trial the capital case in the second instance in court has become an irreversible trend. According to the research and discussion, it is well proved that such type of trial is steadily based on the jurisprudence and accorded for the rule of the criminal procedure.Chapter 4 on the design of the second instance for the capital case. the design should be based on the clear distinctness between the first instance and the second instance, the preparation for the trial, the evidence to be accepted, and so on. At the mean time, it is advised that such questions should be considered: whether the simple procedure can be adopted, that who can raise the second instance and that whether it is right to adopt the principle of no additional punishment resulting from the appeal.