The Research On Public Review Process Of Criminal Appeal Cases In The People’s Procuratorate

The process that the People’s Procuratorate use to handle criminal appeal cases should reflect not only substantive justice,but also reflect the procedural justice.Only in this way,the objective justice can be maximally implemented.In China’s procurator organs,the process of reviewing the criminal appeal cases experienced a development and changes from "closed"and "mystery" to "open" and "transparent".In January 2012,in order to enhance the transparency and improve the quality of case-inspection work,the Supreme People’s Procurator ate formally launched the regulations about the public review process of criminal appeal cases(hereinafter referred to as the Regulations).It is considered a legal requirement to defuse social conflicts and safeguard social stability by safeguarding the legitimate rights and interests of citizens,reducing repeated and leapfrog appeals.The original intention of the system is to embody the principle of "openness,fairness and impartiality" that the People’s Procuratorate should comply with when they handle cases.By doing so,the People’s Procuratorate show the sincerity of accepting the public supervision voluntarily,which can improve the credibility of the People’s Procuratorate and can effectively resolve conflicts and disputes and promote social harmony in a certain extent.However,according to the result that the author researched on the grassroots People’s Procuratorate,the implementation of the requirement is not optimistic.In practice,the grassroots procuratorates are often reluctant to take the initiative to apply these procedures of criminal appeal cases unless when the complainant requested the application of the program.The grass-root procuratorates usually consider that the process of holding a public review is cumbersome and the effect of ending legal proceedings is not ideal.Therefore,the system is not generally applicable at the grassroots procuratorates.On the basis of the investigation in practice,the author analyzes and demonstrates respectively the practical problems about the subject of public scrutiny,programming and safeguard mechanism.And then,with a view to make some small contribution to the improvement of the problem and make this procedure can really play its due role in practice,the author propose some superficial views.The paper can be divided into there parts besides the introduction,twenty-five thousand words or so.The first section describes the reform process and the status quo of the public review process of the criminal appeal cases that handled by the People’s Procuratorate.First,the legal system about the way to review the criminal appeal cases experienced a development and changes from scratch,from close to open.Such a reform process plays a positive role in promoting fairness and justice,safeguarding human rights and maintaining the legitimate rights of the complainant.At the same time,litigation burden of the People’s Procuratorate also is mitigated.Secondly,the practical experience after official purposes of the regulations shows the implement of this procedure achieved mindedly some achievement,for example,improving the dilatant’s satisfaction to the results of the review,which also improves the clearance rate.However,it also exposes some problems,for example,the cost of the hearing is too high.The second section discusses the defect of the public review process.First of all,there are some problems in the subject of the public review process,for example,the range is limited too small from which the People’s Procuratorate select invited staff.Moreover,this phenomenon that only the People’s Procuratorate have the right to decide to who can be invited is unfair.Followed by,there are also some problems in terms of program design,mainly exist in the arbitrariness of the filing procedure and the uncertainty when the People’s Procuratorate decide whether the public review process should be applicable.In addition,the mechanisms to protect the public review process are also imperfect,for example,the public review process is discipline and outside oversight is difficult to intervene the public review process,Etc.The third section advances the envisaged reform program.In the first place,the author start this section by giving some suggestion to the problems in the subject of the public review process,for example,we should modify the selection mechanism through which the host of the public review process is elected,establish the file for the permanent invited staff.Next,the author consider to take measures to make the programming mechanism more perfect,for example,we should define the scope of the case that should be applied to public scrutiny,establish gradually the liberal observers system,establish risk prevention mechanism and implement the diversified review methods all through the whole public review process.Last,the author give some proposal to improve the safeguard mechanism for the public review process,for example,formulate the forceful discipline for the public review process,implement the mandatory provisions for the case that must be reviewed openly.The author emphasize that some measures should be taken to strengthen supervision by the masses and the media,by which the fair can be achieved better.