A Study On The System Of Examining Criminal Appeal In Different Places Of People's Court

In recent years,some misjudged case have been dealt with in succession,but the problem of complaint still needs to be solved.The remote review of Shubin Nie case provides a procedural mechanism for the people's court to use for reference in the remote review of criminal appeals,which is of great significance to protect the parties' right to appeal,discover the truth of the case and realize judicial justice.At present,to improve the system of the people's court's criminal appeal review in different places is not only the due meaning of respecting and protecting human rights,but also the important guarantee of realizing the function of the trial supervision procedure to remedy the unjust and wrong cases.The purpose of this paper is to practice the judicial concept of fairness and justice,promote the entity truth with procedural justice,and enhance the judicial credibility through the construction of the people's court's criminal appeal remote review system.The structure of this paper includes introduction,body and conclusion.The introduction mainly describes the background of the topic,the research status at home and abroad and the research methods.The main body is divided into four parts.The first part focuses on the independence of the criminal appeal review process,clearly distinguishes the review of criminal appeal and the retrial process,and defines the people studied in this paper from the perspective of the jurisdiction of criminal appeal cases,the starting subjects and types of cases.In the second part,the author expounds the necessity of establishing the people's court's remote review of criminal appeal cases in China from the perspective of theoretical value and practical value,so as to realize the instrumental value of criminal appeal examination procedure.The third part focuses on the analysis of the problems that need to be solved in the current construction of the people's court's criminal appeal remote review system,which are embodied in the original trial court's "self inspection and self correction",unlimited review period,lack of clear norms in the review process,and insufficient participation of lawyers acting as appeal agents.The justification of the appeal system is precisely because of the current criminal appeal cases in China.The lack of neutrality,timeliness,standardization and participation in the review process makes it difficult for the criminal appeal system to form an effective appeal,while the way of remote review can ensure the neutrality of the criminal appeal review,realize the original intention of the appeal system in China,and comprehensively analyze the obstacles that may affect the construction of the people's court's remote review system from the perspective of feasibility.The forth part based on the principles of timely,efficient,fair and fair,this paper puts forward some concrete suggestions on the basic procedures and the linking system of the people's court.The conclusion reiterates the necessity and feasibility of constructing the system of the people's court's criminal appeal review in different places,hoping to contribute a little to the reform of the criminal appeal system in China.