Research On The Evidence Examination Of The Second Instance Of Criminal Case

Because of work experience,I deeply feel that the court of second instance criminal evidence review work can not be carried out smoothly facing difficulties,and this problem has seriously damaged the efficiency and justice of criminal cases,more worrying is that the problem is not the answer in the existing legal provisions.In order to solve this problem,the author starts from the current laws and judicial interpretations,the latest policy analysis,research related to the existing textbooks,monographs,papers and other documents of the theory,combined with the work of the court practice and the latest classic case,through comparative analysis and research,research on existing theory and practice to fill the gaps the cause of the problem is that the surface of the loopholes in the law,the existing laws and regulations is not precise,the evidence review court criminal trial of the reality of inconsiderate,no provision or provisions are not operable for details;the reason is that there is no right to establish "trial as the center" in the new concept of criminal justice,through the on the fourth Plenary Session of the 18th CPC Central Committee the Party of the "CPC Central Committee on promoting a number of major issues in the decision" the spirit of the rule of law,not to grasp the core essence.In this regard,the bold innovation,starting from establishing correct "criminal justice trial centered",to find a few key issues need to be addressed:hearing or trial mode;evidence review;protection of human rights and litigation rights protection problems.To solve these problems and gives a solution,mainly to improve the relevant provisions of judge investigation to verify the evidence;give the defendants and their lawyers to apply the right to more facts and evidence of the problem,and give its application trial rights;improve the court decision whether to open the program to make;remote video application development,improve the work the quality and efficiency of criminal trial;legislative perfection of the criminal procedure of the second instance on the whole.I hope that the author's recommendations,to the reform of the criminal procedure system,the promotion of legislation to promote and promote the role of an early settlement of the criminal trial of the second instance to carry out the difficulties encountered in the review of evidence.