Criminal Second Instance Review Principles

Criminal review of criminal prosecution system is one of the basic theoretical aspects in theory. In order to ensure that judicial fairness and authority, as long as it is found the sentence without legal effect is wrong, whether in fact mistakes or of legal errors, the higher court shall be rectified. Therefore, in order to try to find the lower court's mistakes and for the legitimate rights and interests of the most effective relief, the scope of the second review should be comprehensive and unrestricted. However, the practice shows that a comprehensive review and judicial some important value exist. This test the overall review and limited, the principle of seeking a suitable for the present system of criminal second way to the economy of the resources to maintain public rights and interests of justice of the target.It is divided into four chapters. The first chapter is to examine the basic concepts of the principle of criminal trial of second instance. Emphasis on the relationship between the second review of the principles and the function of criminal procedure of second instanse.The second chapter is on the full review of principle, especially in a comprehensive review of the principles of rationality carried out in-depth analysis, in theory and practice of the obstacles on the basis of two large areas of the discussion.The third chapter deals with the principle of limited review. Analyzed the merits of limited review principle, such as accord with the economic principles in lawsuit, be beneficial to the action to lower court's independence and tally with the appeal procedures for the development trend. Also appeal to foreign the principle of the review has done a comparative study.Chapter iv analyzed the practice of the status quo of our criminal second principle on the basis of the above, on this basis, the criminal in the second principle is applicable to option:to the problem of appeal or protest against the law and the protest by the principles of law limited; the appeal and the overall review of the death penalty cases; the judge can be ex officio, subject to the trial fair deal with the outside the scope of the "clear" justice matters; the defendant did not appeal to reason, the one hand and strengthen the role of the court.