Research And Improvement Of China’s Criminal Procedure Of Second Instance

Criminal procedure of second instance, as a general relief program is an independentprocess，in criminal proceedings is the important part of criminal proceedings. It is of greatsignificance for ensuring the correct application of the law, safeguard judicial justice,However, due to some law related to China’s Criminal Procedure Law of criminal procedureof second instance is too abstract, vague, lack of maneuver ability, resulting in judicialpractice and legislative intent of the completely opposite situation. Not only the law itself therole does not play, but also seriously affected the second criminal trial program to play therole, has seriously affected the fairness of the program. In addition, the implementation ofsome of the principles in China’s criminal procedure of second instance does not meet therequirements of the modern concept of the rule of law, damage not only of procedural fairnessand judicial efficiency is low, a waste of limited judicial resources. China’s criminal procedureof second instance, not only on the defendant relief role does not give full play, but alsoaffects the fairness of the procedures of the entire criminal proceedings. Therefore, it isnecessary to deepen the research and analysis on the second instance in criminal theory,China’s Criminal Procedure of Second Instance and gradually modify, improve, so that therelief the role of China’s Criminal Procedure of Second Instance can be brought into full play.The text of this paper is divided into four parts, respectively, for an overview of thesecond criminal trial procedures abroad is not effective investigation of the referee appealprocedure of the criminal problems in the second trial procedures and improve thecountermeasures of China’s Second Procedure. First, analyzes the concept of the procedure ofsecond instance and its position in the entire proceedings from the trial level the concept oftheir own value and function been described in detail. Then learn from the advancedexperience of foreign Criminal Procedure of Second Instance, as the representatives of thetwo legal systems of the United Kingdom, the United States, France, Germany, Shikokucriminal appeal procedures to analyze and explore. Then list the problems of China’s CriminalProcedure of Second Instance in the legislative and judicial practice, some of the recommendations of the author’s last proposed to address these issues.