The Investigation Of Criminal Innocent Cases Protest In Hunan Province From2008to2012

The criminal protest is an important part of the trial supervision work of people’s procuratorate, and it plays a supervisory role which can not be replaced on ensuring the court to exercise judicial power. But, in our country, the criminal protest work does not completely be in accordance with the theory of the criminal protest system in the judicial practice, and there are some unreasonable problems in the construction of the criminal appeal system. Before the report, the writer finds the following problems by researching on the acquittal cases from2008to2012of hunan province:the high protest proportion and the abuse of the protest right; the low quality protest and the low rate of sentence; some cases should be protested but not be. By analyzing the data and case, Form the cause of the problem is more complicated, but the most direct reason mainly has the following three points:first, the protest standard in criminal procedure is vague, and the description of the criminal law is uncertain; second, the internal operation of procuratorate organs is not smooth, third, the maladjustment of the court system. To change this situation, the following jobs should be done. First, build the protest standard which can reduce the choice whether to be protest when facing the guilty cases by revising the criminal law and the criminal procedure law; second, sort out the procuratorial agency interior operation mechanism, for example, the implementation of the protest of the decision mechanism and the request to the higher system, put forward the protest carefully to prevent abuse of the right to protest, and dare to protest for the court’s wrong decision. Third, ensure the effect of protest by the improvement of court internal evaluation mechanism and canceling court inside instruction system to avoid the right to protest a mere formality.