Enlightenment From Ancient Chinese Prisoner Recording System To Modern Prisoners' Appealing Management

The appeal of prisoners has always been the focus of legal research.The right to appeal of prisoners is a basic right guaranteed by the Constitution,the Criminal Procedure Law and the Prison Law.This right is indeed guaranteed by the modern appeal system,but the specific implementation and application need to be further explored and improved.In the case that the court accepts a criminal appeal case,the appeal is mainly examined and handled by the People's Court of Final Appeal.Some scholars have pointed out that such a system design has a strong administrative internal review color in essence,rather than a real sense of the judicial process,and the current self-correction mechanism has the drawback of inadequate initiative.As far as the appeal system of prisoners is concerned,the examination of appeal cases by the Court of Final Appeal violates the basic principle of judicial neutrality in criminal procedure.The lack of neutrality caused by the non-detachment of the examining subject directly affects the correctness of the conclusion.At the same time,through the analysis of the existing legal provisions,we can easily find that the relevant provisions of criminal appeal review are mostly general and principled,lacking operability and judgement.Specifically,the absence of review criteria for criminal appeal cases of prisoners leads to confusion between review criteria and retrial criteria,and to a certain extent reduces the opportunity for appeal cases to enter retrial.The purpose of both the ancient prison system and the modern litigation system is to protect the rights of innocent persons,but the prison system also has the function of supervising the management of ancient prisons,the initiation of cruel officials and feedback to the Supreme rulers.The enlightenment of prisoner recording to appeals is also rich.In history,prisoner recording system was implemented in a combination of regular and irregular ways.Through regular prisoner recording,some unjust and false cases can be found and dealt with in time,without backing up the wrong cases for a long time so as to reach a state of impossibility.At the same time,the irregular prisoner recording will greatly reduce the number of suspected injustices and eliminate the root causes.Incidence of wrongful and false cases.In addition,the main feature of monarchy is that power is controlled by the emperor and his central government,forming a vertical management and control system from top to bottom.This mode essentially centralizes the management of power.During the execution of prison entries,both central and local prison entries are attributed to the judicial supervision system of the emperor,and corrects the subjects of injustice and falsehood cases formally.Vertical leadership.The core way to record prisoners is actually to send them to prisoners.The advantage of sending prisoners to prisoners is that it can avoid unjust and false cases caused by the protection of officials.All of them are set up in the central government with the highest supervisory organ under the direct jurisdiction of the emperor,which realizes the model of vertical leadership.The separation of prisoners'officials from the power execution system ensures their independence and neutrality and jointly serves as the justice of the prisoners.Realize its value.Since the judiciary and administration were not separated in ancient China,usually the administrative subject dominated the judicial action,so the judicial power is the subsidiary of the executive power.Most judicial systems contain the characteristics of administration,that is,the so-called initiative.Therefore,imprisonment is a system to actively correct unjust and false cases.The system of imprisonment is not only aroused by the initiative of the ancient judicial environment,but also requires officials to take the initiative to inspect prisons at all levels.Its initiative requires superior officials,even the emperor,to correct the wrongful cases in time.In order to improve the efficiency of the prisoner's recording and avoid the phenomenon of fraud for personal gain,abuse of power and procrastination in the process of the prisoner's recording,the law ensures the prisoner's timely and active recording by formulating various time regulations.The purpose of both the ancient prison system and the modern litigation system is to protect the rights of innocent persons,but the prison system also has the function of supervising the management of ancient prisons,the initiation of cruel officials and feedback to the Supreme rulers.Modern appeal system has the special functions of resolving social contradictions,maintaining judicial harmony,screening and diverting cases,and balancing judicial resources.Through comparative study,the comprehensiveness of the provisions of the prisoner system,the system of jurisdiction,the neutrality of the subject and the initiative of the way all have a strong enlightenment on the modern appeal system.In order to further improve the appeal management,the supreme judicial organ should take the initiative to participate in the appeal management,integrate the appeal norms,improve the formulation of laws and regulations,and increase uniform operational norms;more neutral judicial organs should participate in the criminal appeal review,strengthen the status of the criminal appeal review department,and promote the appeal management function.Development,parallel examination of general cases in different places,examination of higher courts in special cases,establishment of special appeal system for prisoners,enrichment of appeal review methods for prisoners,expansion of the scope of public review,introduction of hearing review methods to protect the right of prisoners to participate in appeal procedures.