Study On The Second Instance Criminal Revised System

As the trial termination procedure, the criminal procedure of second instancehas become an indispensable part of criminal proceedings for the two-tier trialsystem in our country, become effective supervision measures for a trial procedures,provide effective remedies for the parties. In accordance with the law, the people’scourt amend a case without legal effect through the second criminal instanceprocedure, is to ensure the judicial justice and improve the case fairness. But somepublic produce a misunderstanding—think the adjudication of the first instancecontains errors. Whether the public can recognize legal significance of the revision,is related to the judicial authority and the image of the court, whether can the firsttrial judge obtain the public’s trust.The treatments of the second criminal trial for the first criminal trial are:affirming the original judgment, directly changing the original sentence, revise theoriginal judgment, revision is the embodiment of judicial independence and judicialdiscretion. Firstly, the paper introduces the concepts and characteristics of thesecond Criminal Adjudged, and analyzes its significance; Secondly, it researches thetreatments of the second criminal trial in foreign country, and elaborate the theoriesand the advantages of this mechanism in the foreign country; Thirdly, it analysis thecurrent situation and problems of our country’s Second Criminal Adjudged, it alsofind what mechanism in China block revision; Fourthly, it states the publicunderstanding of Criminal Adjudgment in China, and explains the reasons why it isa normal judicial phenomenon; Fifthly, according to the problems, putting forwardsome suggestions to improve Criminal Adjudged mechanism, to eliminate themisunderstanding of the public and cognize the right legal meaning of the secondcriminal trial, thus it also returns "innocence".to the original trial judges.