Study On The Correction Difficulties And Perfection Of China’s Criminal Appeal Prosecutorial System

The criminal appeal procuratorial system plays an irreplaceable role in the discovery and correction of wrongdoing cases.In recent years,with the advent of the media era and social transformation,the proportion of criminal cases in China and the negative effects caused by it have become the focus of attention of all sectors of society.The media frequently exposed a variety of horrendous criminal misjudged cases,most of which have not been corrected for several years or decades.The parties were wrongly misjudged or even killed,which caused strong repercussions in society.In addition,most criminal cases were Accidental factors such as the return of the dead,the reappearance of the real murder,etc.,were corrected instead of being resolved through proper criminal appeal procedures,which caused the people to question the correction system of criminal misjudged cases in China.As the state’s legal supervisory organ,the procuratorial organ exercises the important functions of the constitution and the law to appeal to criminal cases,and the criminal appeal procuratorial system,as part of the criminal procedural mechanism,occupies an important position in the criminal error correction procedure in China.If the procuratorate can make a difference in the criminal case appeal procedure,it will not only increase the success rate of the complainant’s appeal,but also reduce the wrong cost of criminal litigation and highlight the justice and justice of the judiciary.The author takes the procuratorial organs as the entry point for handling the criminal judgments and rulings that have been legally validated by the people’s courts.It explores the problems existing in the criminal error correction system of the procuratorial organs,and provides a solution to the problem of correcting the criminal procuratorial system in China.Some thinking and drawing.Based on the above research ideas,this paper is divided into four parts,each part is as follows:The first part of the article mainly introduces the criminal prosecution system.In the beginning,a brief analysis of the typical three cases of wrongdoing in recent years,followed by the introduction of what is a criminal appeal procuratorial,thus leading to the three characteristics of criminal appeal procuratorial inspection is procuratorial supervision,relative independence,procedural statutory nature and its legislative purposes.Later,the function of the criminal appeal inspection is introduced,which is the error correction function,the protectionfunction,and the promotion function,so that the criminal value of the appeal procuratorial system is meaningful.The second part of the article points out the dilemma of the criminal prosecution system.The main analysis expounds the five status quo of the judicial prosecution system in the judicial practice.The concept of criminal misjudged case is difficult to define,the criminal case is difficult to find,the criminal case is difficult to complain,the criminal case is difficult to chase,and the criminal case is difficult to supervise.The third part of the article mainly analyzes the reasons for the dilemma of the criminal appeal procuratorial system.The reasons for the correction of criminal appeals and corrections include: the ambiguity of the criminal misjudged case,the internal and external factors of the procuratorial investigation,the passiveness of the wrong case,the unscientific criminal grievance mechanism,the unreasonable judicial accountability system,and the procuratorial supervision being too neutral and rigid.Insufficient,media supervision is infiltrating judicial activities.The last part of the article gives the countermeasures for correcting the dilemma of the criminal appeal procuratorial system.From the detailed evidence system,the scope of the "new evidence" of the retrial and prosecution is clarified to improve the rules of evidence adjudication and to establish the criteria for the identification of criminal misjudged cases.From clearing the scope of the procurator and the inspection committee’s jurisdiction,expanding the wrong way,exploring the main body of diversified and wrong cases,breaking the concept of "control and Shen separation",the functions are merged,the division of labor is not divided into "home",the powers and responsibilities are clear,to improve Judicial personnel financial management system,scientific allocation of powers,clear handling of cases,and improve supervision.From the clear stipulation of the time limit for criminal appeals to limit the reasons for appeals,the reasonable reduction of the filing standards for criminal appeals,the order of filing criminal complaint cases,and the procuratorial supervision to ensure that the procuratorial organs have improved the grievance mechanism for criminal cases.From the basis of responsibility,adhere to the subjective and objective consistency,rationally construct the judgment standards of criminal misjudged cases,adhere to the combination of judicial responsibility system and judicial immunity system,strictly limit the time limit for handling cases,clarify the time limit system for wrongful cases,clarify the responsibility for supervision and management,and improve the prosecutor.The performance guarantee regulations and other aspects to establish a scientific and reasonable accountability system for judicial misjudged cases.Finally,from strengthening the prosecutorial supervision and supervision function,intensifying procuratorial supervision,using criminal appeals to check and correct wrong cases,improving the application of retrial procuratorial recommendations,standardizing media supervision,improving judicialtransparency,and steadily advancing criminal procuratorial work,etc.The procuratorial supervision mechanism,precise supervisi.