Empirical Study Of Criminal Appeals To The Case

Criminal appeals system is an important litigation system, with a right to reliefand dual functions of judicial supervision. In recent years, nationwide rates ofcriminal appeals commuted into a downward trend, and gradually stabilized,however, the rate of reduction is still commuted commuted to conceal many casescommon problems. The author through practical research, through the city in theform of a comprehensive analysis of the Appeal commuted cases, criminal appealsstage commuted to discover the law of the case characteristics and commonproblems solved, and through these issues summarized, constructive improvementrecommendations. Article is divided into four parts.Part I: criminal appeals commuted overall description. Through the city ’sProcuratorate Public Prosecution Service in2012and the first half of2013CriminalAppeal commuted to a profile cases statistical data analysis, summarized the basiccharacteristics of such cases, the type of cause of action cum commuted diversity ofreasons for the apparent tendency commuted and commuted prominent regularity.Part II: An Empirical Analysis of criminal appeals. Through the surveyinvolved254cases judged commuted to extract a representative case in-depthanalysis on the one hand summed commuted case based on the fact finds errors,mistakes and existing laws applicable compensation, ill-gotten gains and pay finesand other discretionary circumstances the four basic aspects of motivation, and toanalyze the existing problems; hand factual findings summarized disagreementdisagreement applicable law, sentencing range differences, recognized as having alighter or mitigated punishment differences exist in the indictment and other fouraspects, one, differences between the general court of second instance andanalyzed.Part III: Criminal Appeal commuted case of problems. In article one, two part,based on criminal appeals commuted cases summarized in mapping out a series ofjudicial problems, one of the " temper justice with mercy," Criminal Justice Policy improper use; second is " doubtful favor of the accused " principle is one-sided;three there is obviously inadequate legislation; four standardized sentencing practiceis ineffective; five is the absence of procuratorial supervision, litigation weaksupervision; six is the lack of effective communication, enforcement standards aredifferent.Part IV: revision of the criminal appeals cases problematic suggestions forimprovement. For the problems, propose targeted suggestions for improvement.First, the correct implementation of " temper justice with mercy," the criminalpolicy; Second, a comprehensive understanding and application of the doubt whenthe principle favorable to the accused; Third, strengthen investigation and research,improving legislation and supporting explanations; fourth is to deepen sentencingreform, improve supporting measures; five is an integrated supervision strength,improve oversight capabilities; six is to strengthen communication and exchanges,unified law enforcement standards.