An Empirical Study On The Alienation Of The Trial Methods Of Criminal Cases Of Second Instance

The criminal second-instance trial method is not only one of the important contents of the criminal second-instance procedure,but also a prerequisite for making the criminal second-instance judgment.The correct application of the criminal second-instance trial method in accordance with the law can not only realize the function of the second-trial criminal procedure,but also contribute to the maintenance of judicial fairness and procedures.Justice is also significant.However,in the current judicial practice of our country,the phenomenon of the alienation of the criminal second-instance trial method is increasingly serious,which not only violates the original intention of the criminal second-instance procedure,and endangers the realization of the function of the criminal second-instance procedure,but also affects the value of criminal procedure and the principle of criminal trial.Adversely affects the operation of the company.The research methods of this article mainly include four categories: literature research,quantitative analysis,field investigation,and case analysis.Firstly,from the perspectives of legal analysis and theoretical justification,it describes the expected picture of the criminal second-instance trial method,and then through the empirical data A sample deconstruction analysis is carried out to clarify the concrete appearance of the alienation of the second instance of criminal cases in judicial practice,and then systematically retrospect the causes of the alienation,and after clarifying the harmful consequences,it proposes countermeasures to improve the method of second instance of criminal cases in our country.Specifically,except for the introduction,the main body is divided into five parts:In the first part,this article starts with the statutory provisions and theoretical justifications to standardize and analyze the prospects of the trial methods of second-instance criminal cases in China,that is,after detailed anatomy of the content of the second-instance criminal cases in China’s legal provisions and judicial interpretations.To determine the statutory types of second-instance criminal cases: based on whether there are major disputes and whether significant interests are involved in the case,they are divided into three types: absolute court,relative court,and absolutely no court.Combining different trial procedures,it finally shows "Selective factual repeated trial mode." The theoretical justification of this mode requires an in-depth discussion of the relationship between the functions,values,principles and trial methods of the criminal second-instance procedure with objective realism and realism as the starting point.In the second part,this article explores the alienation of criminal second-instance trial methods in judicial practice through the deconstruction of1556 samples of judgment documents,summarizes and sorts out the alienation phenomenon in practice.First,the phenomenon of "universalization of particularity" has appeared: In judicial practice,non-court hearings have become a common form and open-court hearings have become a special form,and a large number of second-instance criminal cases have been revised without hearings.Second,in practice,the judgment standard of criminal second-instance cases has been improperly grasped,resulting in "formal criminal "Second-instance cases"are dissimilated into "informal criminal second-instance cases".A large number of"complicated" cases and felony cases are not properly tried in courts,and technical appeals that should not be tried in courts account for a certain proportion of courts.;Third,in practice,the application process of the second-instance criminal case is in a state of confusion.The pre-trial review in the second-instance criminal case has replaced the collegiate trial.The case trial process during the trial is incomplete,and the trial process is not open.The case handling process is too simplified;third,the application of second-instance criminal cases in practice has become a polarized state,resulting in a situation where “resistance” must be opened(court)and “appeal” is difficult to be opened(court).In the third part,this article starts from a systematic and comprehensive path,and traces back the causes of alienation of the criminal second-instance trial method.This article summarizes the analysis of the causes of the alienation of the criminal second-instance trial methods in the past,and combines the author’s actual investigation of judicial practice to find that the alienation of the second-instance criminal cases does not only depend on "one effect,multiple causes" and "one cause,multiple causes"."Effect",but the complex relationship of "multiple causes and multiple effects".Specifically,first,multiple overlapping legislative omissions have led to the vagueness of the specific application rules of the second-instance trial of criminal cases,the absence of external supervision,and the lack of remedies for the rights of the parties;second,because of the existence of the doctrine of judging by investigation files and the system of requesting instructions and reporting.,The target assessment mechanism is the content of the intricately rooted system and mechanism;third,under the complicated and severe reality barrier,the superposition of multiple field pressures,the poor allocation of judicial resources,and the poor effect of the reform of the criminal procedure system are also leading to the trial methods of criminal cases in the second instance.An important factor in alienation.In the fourth part,this article takes the theoretical justification approach as its origin,and analyzes the harmful effects of the alienation of the criminal second-instance trial method on the function of the criminal second-instance procedure,the manifestation of the value of the criminal procedure,and the operation of the criminal trial principle.In terms of the function of the criminal procedure of the second instance,the appearance of alienation has affected the functions of error correction,error prevention,comfort and explanation,etc.;in terms of the manifestation of the value of criminal procedures,the phenomenon of alienation is not conducive to the internal,external,and secondary functions.The manifestation of the value of criminal procedures at different levels;in terms of the operation of criminal trial principles,the phenomenon of alienation undermines the operation of the principles of legal procedural law,direct language,open trial,and equal prosecution and defense in the second instance procedure.In the fifth part,on the basis of the previous discussion,this article starts with behavior correction and reform advancement,constructs diversified trial methods,and proposes systematic solutions to the alienation of criminal second-instance trial methods.Firstly,from the three dimensions of clarifying procedural sanctions,promoting the judges of second instance to have a correct understanding of the procedural value,providing system support to promote the judges of second instance to rationally rank value ranks,and providing relief rights to promote the judges of second instance to accurately identify the value of court trials,and correcting the criminal law.The second-instance case judge’s behavioral deviation in the selection and application of the trial method will reshape the second-instance judge’s procedural value perception of the trial method;secondly,it is to isolate the influence of the "investigation file" on the court trial,stabilize the "basic plate" of the first criminal trial,and promote the second-instance trial procedure.Substantialization is the starting point to implement the substantive reform of court trials to provide path support for solving the alienation of criminal second-instance trial methods;finally,taking into account the limited judicial resources and the reality of judicial reforms,the adoption of court trials and non-trial trials The process is constructed in various forms and clear levels,and the diversified criminal second-instance court trial mode is determined to alienate the second-instance criminal case in judicial practice and return to procedural justice.