On The Right Of Persons Not Prosecuted To Demand Criminal Trial

In criminal cases,confessing to confessions clearly eliminated the significance of adversarial procedure design,but they did not enter guilty guilty guilty.The rules of the Chinese criminal procedural law became illogical,and in the face of non-prosecution decisions,criminal suspects People cannot express their right of responding and cannot obtain a court decision.The first part of the paper takes a case study,analyzes the disproportionate design of the criminal procedure law on the public prosecution power of the prosecutor's office,protects the rights of the suit,and proposes the right to appeal against the criminal process.This paper analyzes what the current system poses to the defense.Disadvantages and reasons.The subject of the second section of this article is the discussion of necessity.The Comparative Law section focused on the relevant systems in the United States and also introduced relevant systems in Germany,Japan,and Taiwan.The theoretical basis: The compulsory prosecution procedure is a requirement of the principle of no longer stipulating,and it conforms to the connotation of the presumption of innocence and can form a restriction on the right of public prosecution.In Summers' procedural theory of value,participatory rule and the timeliness and finality of the procedure are important manifestations of the independent value of the procedure as well as the needs of the trial-centered criminal procedure reform.Finally,based on our country's judicial practice,we give the definition of the right to criminal appeal for non-prosecutors,and set out the specific applicable circumstances.At the same time,we will explain the effectiveness of the referee and the correction of the wrong handling results.