The Research Report On Criminal Appeal Review Program Of Judgments

The so-called criminal appeal review program of judgments is that the people’s procuratorate shall follow the way and steps,when it deals with effective criminal judgments according to law by the people’s court.On October 27,2014,the Supreme People’s Procuratorate issued the revised "the provision of the people’s procuratorate to review the criminal appeal case"(hereinafter referred to as the "review provision"),it is of great significance to correct the wrong judgments and to maintain the correct judgments.This provision has been made the principle of "all wrongs must corrected" become " mistakes are rectified according to law",strengthen the supervision property and error correction function of the criminal complaint procuratorial system of the people’s procuratorate;provides detailedly the use of suggestion from prosecutorial organizations for retrial,improves the mechanism of correcting timely he wrongs.In addition,it adds the "open and just" principle,establishes a review termination procedure,further refines the handling procedures,strengthens the regulation and supervision on the judicial case activities and the protection of right of petition.The review provision require the criminal appeal procuratorial department in the people’s procuratorate to center on judicial cases,to perform rights relief,judicial supervision,resolving contradictions and other important functions,strengthening comprehensively the actual effect of criminal complaint procuratorial supervision.However,there are still some problems in the operation of the procedure,such as easy acceptance,filing difficultly cases,examining formally the public cases,the low plaintiff participation rate,indefinite supplementary investigation authority,long term of handling,rational weakly procuratorial instruments,etc.Given this,in view of the current operating condition of the people’s procuratorate criminal appeal review program of judgments,a branch of C city people’s procuratorate has been investigated in this paper.Based on the data generalization and statistical analysis,combining with the relevant laws,regulations and judicial interpretations,it analyzes on the problems existing in the actual operation of the program,finally puts forward some suggestions on improving the program.This paper consists of four parts,each part content is as follows.The first part is the introduction,the first is research background,explain the modified conditions of this program by the review provision,relevant laws and regulations,and from the theoretical level,clear the connotation of criminal appeal review program of judgments.The second is the significance of this article,I attemptthrough this report more intuitively to reflect the defects of the current criminal appeal review programin judicial practice,in order toimproveconstantly the procedure.Finally,it contains the research object and methods,briefly illustrates the selection of a branch of C city people’s procuratorate as the research sample,enumerates the methods of the research report.The second part introduces the operation situation of criminal appeal review program of judgments in a branch in C city people’s procuratorate.In order to understand the implementation of the revised "Review Provisions" in a comprehensive and in-depth manner and reflect the real problems in the course of its operation,in the light of the actual investigation,I select these data of the "Review Provisions"(2013-2014)before the revision and the "Review Regulations"(2015-2016)after the modification and carry on the comparative analysis.The third part concludes the problems of criminal appeal review program of judgments,which exist in the actual work,mainly including the jurisdiction " the same level with the ground" has caused the operationmode of "self-correcting";the present situation of the "appealabuse" has been caused by unclearrules of the subject,period and other aspects;the filing standards of "there is a mistake perhaps" leads to the "filing cases difficultly" problem;the closed review procedure and low efficiencyoperation make "bound to visit " phenomenon happen frequently;insufficient legal documents and no strong reasoncause plaintiffs to be unsatisfied,etc,and analyses briefly the causes of these problems.The fourth part,combining with the practice of judicial practice,puts forward six suggestions to improve the procedure,based on those problems on the investigation and analysis of the causes.First,improve the law on the appeal subject,period and reason.It shall clear the order of the subjects to exercise the right,conditionally limit the appeal period,promote the legalization of appeal reasons.Second,reduce the filing standards,and specify the permissions for investigation authority.Third,build and supply the reviewmechanism of criminal appeal cases beyonddifferent places.Fourth,improve the public review system,and introduce the public hearing procedure.Fifth,explore ways to establish a lawyer agency appeal system.Sixth,standardize the production of criminal appeal prosecution documents.