Criminal Second Instance The Evidence Review Of The Case

Reform of second trial process of criminal cases is the more important part of the justice system reform. The review of the evidence is the core part of the second trial of criminal procedure. There is the contradiction between facing an increasing number of cases and the lack of judicial resources. It is important how to improve the work efficiency and case quality of second trial under the premise of really realizing criminal justice process the protection of human rights.Especially recent years disclosure of trumped-up cases by the media throughout our country show the problems of review of the evidence of second trial of criminal cases of judicial practice and legislative. There are few rules of the Criminal Procedure Law and related judicial interpretations and fewer academics discuss on the theoretical framework of this field.Based on judicial practice, my essay is to study on the perfecting the two—level final trial of criminal cases of our country ; discuss on the theory of function of second trial and the evidence review ; analysis on the foreign advanced experience of principles and methods of evidence review and standards of evidence ; then to talk on detail on the problems of principles and methods of evidence review and standards of evidence that exist in practice and current legislative in our country ; and with regard to the problems that exist in practice.Finally, the essay is to make a proposal about the problems to improve the case quality of second trial and first trial. It also ensures the aim of protecting the human rights and the legal assistance for the defendant of second trial. To improve the efficiency of a second criminal trial, it discusses the specific methodology of evidence review of Criminal Appeal.