(the research significance, ChinaResearch status and pointsAnalysis of the main references)

1The significance of the research:

(1The theory of meaning)

  The scope of the criminal procedure of second instance trial is one of the important problems in research of criminal procedure law can not be avoided. Whether China should implement comprehensive trial, or a limited trial, scholars have different views, practice also have different practices. In our country, the second instance court to protest against a judgment of first instance cases of appeal,, is not completely set aside a judgment of "re trial set up a separate kitchen" type, the facts and the law applicable to the first instance verdict, but for review, and to distinguish between different circumstances, on the first trial to maintain, modify or remand the case the court of first instance for retrial. Visible, the second is a continuation of the trial activities. In this mode of trial, the criminal procedure of second instance shall at least have two theories, namely the right relief theory and the filtration theory. 　

   Mainly the establishment of criminal procedure of second instance is to provide relief for the defendant. In addition to the statutory exceptions, the defendant for the decision disaffected, can appeal to the court of the second instance, request to change or cancel. The right of appeal is the world give the defendant's fundamental rights, rights relief theory is the basic theory of our criminal procedure of second instance. Right relief including relief to the entity right and the procedure right relief. The remedies of substantive rights mainly through the correct judgment on facts and law application of the error, to realize the justice of criminal responsibility. 　

Our second instance judgment and not from the first trial of second instance generated, based on the review of a judgment ascertaining the facts and applicable law, and, in addition to remand, should the court of the second instance in the final judgment on the first trial to maintain or change.

The filtering theory of criminal procedure of second instance is realized mainly through the application of the law, judgment as to the facts and the procedure for the review, the review should be based on the court of first instance to the dossier. China's current "Criminal Procedure Law" provisions of the trial court pretrial review responsibilities. The method of 187th for instance court before a court to "marking", "interrogating the defendant", "listen to the other party, the defender, agent ad litem opinion" way to appeal the case examined, and the provisions of "the facts are clear, can not hearing." 　

(2The practice significance)

    First, insufficient rights criminal procedure of second instance civil remedy

In the comprehensive trial mode, although the second instance procedure depends on the appeal and protest, but the procedure of second instance court once started, will no longer be appealed and protested range constraint, but refers to all the facts of a case and legal issues on trial. Play this serious impact on the second instance procedure of rights relief theory. 　

The 1 appeal, appeal request and the reasons we do not pay attention to

Since the establishment of the second instance procedure to achieve relief, then, appeal or protest parties should explicitly request relief and reason, so that the court investigation. At the same time, the relief requests and reasons shall constitute reasonable restriction on the second trial jurisdiction. However, in the comprehensive trial mode, trial court to hear the case, not subject to appeal or protest request and the reason for the restriction, full range of investigation and debate in court by the court to master. The appeal and protest request and its reason not to constitute the effective control of the second trial jurisdiction, the nature makes it difficult to get enough attention to the court of second instance. 　

2 criminal procedure of second instance is not around the appeal and protest request

In order to realize the right relief theory, legislation all over the world basically all provisions of second instance shall appeal or protest around parts. For example, "the Russian Federal Code of criminal procedure," the 360th provisions of the second paragraph, "according to the first appellate procedure or second appeal court in the trial of criminal cases, check whether the court is legitimate, according to the full and fair or not, only for the appeals court judge is proposed in section." For instance, Taiwan area "Criminal Procedure Law" of our country stipulates that the 366th ", the court of second instance judgment, should appeal as part of the survey." 　

In the comprehensive trial mode, trial court to the sentenced to death for the crime and other crimes involving all the facts and legal issues are trial. This will inevitably lead to the deviation from the second instance trial appeals request, lack of pertinence, and thus it is difficult to achieve effective relief. 　

3 second instance trial which cannot fully express the views of both sides to

Due to undertake comprehensive trial duties, the court of second instance shall apply to all the facts of a case, the legal identification, and legal procedures for re trial, but not limited to the scope of appeal or protest, which greatly increased the workload of the second trial judge. On the other hand, the judicial resources are very limited. Therefore, comprehensive trial in practice will lead to the second instance court overwhelmed, this is generally not the court of second instance in practice is one of the reasons for the trial. Without the court deprived of both parties fully express views on opportunity in a certain extent, the criminal appeal right relief theory is therefore greatly reduced. 　

   Second, China's criminal procedure of second instance judgment dislocation of filtration theory

The 1 review basis may be beyond the court of first instance to the dossier

And the right relief theory around the appeal or protest request of re trial is different, the filtration theory of judgment are reviewed, and its basis, review shall be limited to the court of first instance to the dossier, and not to investigate new facts and evidence. However, in the comprehensive trial model in our country, the second instance court set aside the court of first instance over the materials, to investigate new facts and evidence for a trial to "meet the eye everywhere examination" of the situation. This not only violates the principle of no trial without complaint, is also contrary to the basic requirements of the filter, the filtering theory is actually distorted. 　

The 2 review conclusions may discretion violations of the court of first instance

In China, between the upper and the lower court is the relationship of supervising and being supervised, rather than the relationship between leading and being led, so, the lower court on the case in the first instance trial independence, not by the superior court intervention. This level requires the court of second instance shall not be independent on the first trial will be the change, otherwise it may constitute a denial of the trial court discretion, level of independence has become an empty talk. Foreign legislation and theories usually emphasize the second instance court of jurisdiction court respect. For example, in America, "but the duty after legal trial appeal, but respect for the extremely lower court trial of fact, review very 'loose'." China's Taiwan scholars believe that, "the trial judge, also not necessarily than a trial right", "not the part of res judicata, the court of second instance shall be tried". In view of this, the court of second instance can only in the filtering process is a major flaw in the trial section corrected. 　

Analysis of 2 domestic and foreign research present situation:

(1Analysis of the current situation of domestic)

Mr Zuo Weimin thinks the appeal the court of second instance procedure is not yet effective for criminal proceedings or prosecution organ refuses to accept the court of first instance judgment or ruling filed the appeal case, re trial and Adjudication procedure. includes both criminal procedure if a party refuses to accept the judgment or ruling appeal, also including the prosecution organ refuses to accept the judgment or ruling filed. The appeal has four main functions: to correct the error, error prevention of future examination guide, to persuade, uniform law applicable.

Mr. Long Zhongzhi thinks:"In the court, every man for himself" unless "for their own benefit, not need justice". Therefore the defendants and their relatives may they don't care about whether others get fair treatment, is of great concern for their own case. They compare the will and similar cases, once found in their favor, they want to get their think deserve justice through the appeals procedure. The defendant can accept the trial court decision and give up appeal, to ease the appellate court cases pressure, reduce the cost of the parties litigation natural benefits. But this is to enhance the quality of the trial of first instance, solved by the perfection of the Appellate procedure.

Lay the foundation for the criminal procedure of second instance in the cognitive function for the procedure of second instance trial the cognitive nature of. Of course, the difference is produced, such as the relationship between the procedure of second instance and an instance of different cognition.

A: the main criminal procedure of second instance is to provide relief for the defendant. In addition to the statutory exceptions, the defendant for the decision disaffected, can appeal to the court of the second instance, request to change or cancel. The right of appeal is the world give the defendant's fundamental rights. "United Nations" International Convention on Civil and political rights are rights confirmation. Fourteenth the provisions of fifth of the Convention, "everyone convicted of a crime, shall be entitled to by a higher tribunal on the conviction and penalty according to law review." In addition, to provide relief and procedure of second instance the purpose of prosecution. The control principle of separation of prosecution and trial, the court of first instance may make a determination, different from the prosecutor accused of this, prosecutors have the right to express their views through the procedure of second instance, the court of second instance trial in the correct requirements of entity and the procedural error. So, right relief is one of the basic functions of China's criminal procedure of second instance.

Secondly, the filter function is the function of criminal procedure of second instance of the subsidiary. Our second instance judgment and not from the first trial of second instance generated, based on the review of a judgment ascertaining the facts and applicable law, and, in addition to remand, should the court of the second instance in the final judgment on the first trial to maintain or change. So, the court of second instance shall all the content on the first trial to review and gatekeeping, in case of a second instance trial confirmed the referee in the serious defects will content, to ensure the authority of the judicial referee. Visible, the scope of the review should be a judgment document records the content is limited, but whether it belongs to appeal or protest in the matter. The verdict of filter was not set up for the purpose of criminal procedure of second instance, but by our judgment of current generation mechanism. So, in the procedure of the filter function, can carry out a series of due process, such as lawyers participation, to ensure that the truth. The second instance procedure needs to pay attention to the maintenance of applicable law. Are the subsidiary functions of our criminal procedure of second instance.

(2Analysis of the present situation of foreign research)

American Wayne · R · lafevor says the wrong will be affected. And the guilty must be punished concept, the system of criminal procedure should be established the principle of the comprehensive review of second instance, the court of second instance shall in the first instance verdict facts and the application of the law to conduct a comprehensive review, not subject to appeal or protest range limit.

American jurist thinks generally: to solve the second problem can not ignore the status and the background of criminal justice. At present, the effective defense problems, the trial as a mere formality, the key witness does not appear in court, the case evaluation mechanism is not reasonable, are the external factors that must be considered in solving the second problem.

3 main references:

(1) the (nearly 3 years)

[1] see Shen Weijia, deepen the reform of the criminal appeal trial method, Journal of Shanghai Administrative Cadre Institute of politics and law, 2008 second, pp. 54-56.

   [2] see Yin Lihua, study on the system of criminal appeal -- to three instance based, China legal publishing house, 2011 May, pp. 250-251.

[3] Li Xuekuan, problems and Countermeasures Existing in criminal trial of the second instance, the China law, 2010 first, twenty-ninth pages.

   [4] see Jiang Anjie, the criminal trial of second instance how many problems to face -- a attract sb.'s attention "court hearings in criminal investigation report" released, Legal Daily, January 14th 2007, seventeenth edition.

[5] Yin Lihua, the appeal system in criminal -- three instance based Chinese legal press, 2009, May, 254th pages.

[6] Cheng Rongbin, Deng Yun, study of the trial level system, Journal of Hunan Administrative Cadre Institute of politics and law, 2010 fifth.

The [7] program is the law applicable to practical problems, therefore, this paper will be unified qualitative, sentencing, procedural problems summarized as the applicable law problems.

[8] Fan Chongyi. Journal of progress and development, our system of criminal procedure law, 2012 first.

[9] Tong Jianming. The correct understanding and using the new criminal procedure law improve procuratorial work ability of several problems, China criminal law journal, 2012 fourth.

[10] is easy to Yanyou. Perfect, theory of presumption of innocence and form of procedure law Tribune, 2012 first.

[11] Li Zhong, Liu. Evaluation -- 2011 "criminal law amendment" from the perspective of residential surveillance system, the law journal, 2012 first.

[12] min spring thunder. "Criminal law amendment" perfect basic direction -- for the protection of human rights as the center of gravity, Tribune, 2012 first.

[13] Huang Tai Yun. Interpretation, revision of the criminal procedure law of the people's Procuratorate, 2012 eighth.

[14] Chen Ruihua, several theoretical problems of contemporary law, criminal defense in 2012, first.

[15] Gao Mingxuan, Chen Ran. On the criminal rule of law, social management innovation in the Chinese law, 2012 second.

[16] Song Yinghui, Ru red. Special criminal procedure legislation release review, Journal of Soochow University, 2012 second.

(2Works category)

 [1Huang Daoxiu: "Russian Federal Code of criminal procedure", Chinese People's Public Security University press, 2006 edition, page 294th.

[2Wang Zhaopeng: America "Criminal Procedure Law", Peking University press, 2005 edition, page 572nd.

[3Lin Yuxiong]: "Criminal Procedure Law" (the book), Renmin University of China press, 2005 edition, page 246th.  

[4Lin Yuxiong]: "Criminal Procedure Law" (the book), Renmin University of China press, 2005 edition, page 239th.

   [5] Publishing House of law and Regulations Committee: "manual handling criminal cases" (Twelfth Edition), publishing house of law, 2012 edition, page thirty-fourth.

  [6] Zhang Jun editor: "the rules of criminal evidence of understanding and application of", Law Press, 2010 edition, page ninety-eighth.

  [7] the Supreme People's court Lab Series: "a criminal case Practical Handbook", Law Press, 2012 edition, page 412nd.

  [8] the author group: "criminal procedural law" the annotated, publishing house of law, 2012 edition, page 249th.

  [9] in Xiufeng, Zhang Ling: "the criminal defense technology and ethics", Law Press, 2012 edition, page 568th.

  [10]: "the Supreme People's court for criminal justice reference", Law Press, 2012 edition, page forty-eighth.

  The [11] field in Wenchang, Chen Ruihua: "the criminal defense China experience", Peking University press, 2012 edition, page 325th.

  [12] Gu Yongzhong: "a criminal defense attorney review, use evidence to guide", Peking University press, 2010 edition, page forty-fifth.

  [13] Chen Guangzhong: "Criminal Procedure Law", higher education press, Peking University press, 2012 edition, page 432nd.

  [14] Chen Ruihua: "the criminal evidence law", Peking University press, 2012 edition, page 138th.

  [15] Xu Jing: "Criminal Procedure Law", Law Press, 2012 edition, page 320th.

1 research objectives, research contents and the key problems to be solved

(1Research on target)

The goal of this paper is that through the evolution of Chinese criminal litigation system analysis, discusses the scope on the theory of the current second instance procedure based on the old and new version of the criminal procedure law on the contrast, through the processing of the two legal system countries on this issue, including both in theory and Practice is worth learning from it discusses, for our country's criminal procedure of second instance trial puts forward instructive views in judicial practice, and also provide some advice for the future legislation.

(2The research content)

       This study goals to achieve the expectations, this paper focuses on the following aspects as the research focus of this article:

 First, the basic idea of the new criminal law procedure of second instance trial range

In view of comprehensive trial mode not only violates the legal principles, also interferes with the function of criminal procedure of second instance play, this paper argues that in the future the amendment of criminal procedural law in the process, the establishment of parallel track review and review, reconstruction of criminal procedure of second instance trial, to ensure the realization of the function of criminal procedure of second instance.

(a) the establishment of parallel track review and review

Although China's current criminal pursues comprehensive trial mode, however, is worth noting, the old version of the "Criminal Procedure Law" article 186th the expression is "comprehensive review", rather than "comprehensive trial". And, unlike the "review" of the formulation is, the act of 187th, 188, 189 using the "trial" ". Visible, lawmakers will not "trial" and "review" be confused.

From the extraterritorial legislation, "the trial" and "review" are two different concepts of law. In civil law countries, the second instance court usually make a new judgment on the re foundation investigation of evidence, fact finding and law applying to the case, without a trial of restraint. In this case, the second criminal trial is to carry on the trial of the case, rather than on the first trial to be reviewed, so called "second first instance". In common law countries, the second instance court usually only according to the trial record, documentary evidence and court records to review the trial judges have no mistakes, no longer new investigation of the facts and evidence, the parties and witnesses may not to take part in the proceedings. In this case, the second criminal trial is not the case to trial, but a review.

Visible, the second criminal trial in the "trial" and "review" there are at least two different aspects: the trial is the object of the crime itself, object and review is the adjudication of first instance trial basis; after re investigation of the facts and evidence, and the review is based on the first instance court transferred to the archives material. It is because China's scholars have long confused the two concepts, that leads to the procedure of second instance trial object is "case" or "verdict" debate.

According to the two law of criminal procedure of second instance "hearing" and "review" of the different focus, we can combine the two were summarized as "review mode" and "review mode". The former focuses on rights relief, while the latter on the filter. Due to the dual function, our criminal trial has the right relief and the filtered so, China should establish a "two track parallel review" and "review", namely, the second instance court for appeal or protest matters within the scope of the "trial" means to deal with, and for matters outside the scope of appeal or protest is take "review" means to deal with. Thus, the problem of criminal appeal trial range is divided into "two level trial" and "review" of the problem.

Second, the criminal appeal trial: limited trial principle

Given the lack of comprehensive trial mode leads to the procedure of second instance right relief function, this paper proposes to establish limited trial principle, namely the trial instance appeal or protest on the extent.

1 the appeal and protest should be explicitly requests and reasons

The old version of the legislation of our country to protest the request and the reason is clear, but for the appeal and the reasons are not provided for. In practice, many of the defendant is a general representation of a judgement of the appeal, and no clear requests and reasons, it often makes the second relief can not start. From a practical point of view, the defendant criminal act in a judgment that whether for himself is very clear, and whether the heavy sentence, the defendant will have their own feelings and judgment, therefore, requires the appellant explicitly requests and reasons not to fall.

New law of criminal procedure of our progress in the following aspects, appeals should make specific claims and reasons, at the same time, from the Russian "Criminal Procedure Law" provisions of article 363rd paragraph second and 375 section third, clearly in legislation, the appeal and protest request and the reason is not clear, leading to the court of second instance cannot determine the trial, second instance court can be appealed or protested organ correction, the correction is not made or after correction is still unsatisfactory, can be ruled inadmissible.

The 2 trial principle should not exceed the appeal and protest

Don't tell is a basic principle of modern litigation. It contains two meanings: one is trying to sue, as the premise, no prosecution is no trial; two, trial by the prosecution, shall not go beyond the claim. Our country at present in the criminal procedure of second instance startup reflects no trial without complaint, however, in the second instance proceedings courts can be exceeding the appeal and protest scope for trial, the principle of no trial without complaint implementation is not complete. This kind of unilateral will not ignore the procedure of second instance is closely around the appeal and protest request, obviously not conducive to the realization of the rights of relief.

Our country clearly in the law, the extent of criminal appeal trial scope principle above and appeal request, the court of second instance shall be the focus of the review of appeals reason is able to set up. Need to pay attention to is, "should not be limited to the principle of" appeals request is absolute. First of all, and appeal, appeal request are closely related, inseparable part should be included in the scope of trial. Taiwan area "Criminal Procedure Law" in China in the second paragraph 348th provisions, "part of the appeal for the judgment, the relationship has appeal as part of". In this regard, our legislation which can be used for reference. So, what is meant by "and appeal, appeal request are closely related, inseparable part of"? The problem of criminal responsibility, should at least include offender. This is because, the common crime involves determining the principal, accomplice and status and other interrelated problems, whether in fact, or the applicable law, the common crime are not separately. So, as long as part of joint crime in the appeal or lodge a protest, all co defendant relates to the common crime part should be incorporated into the scope of appellate instance. secondly, for appeals could set a number of. At present our country practice most defendants without counsel, and most of the defendant culture level is low, this makes a lot of the defendant is difficult to accurate, comprehensive appeal. In view of this situation, the court of second instance shall not rigidly adhere to the appeal statement in the determination of appeals range, all favorable factors to realize the defendant appeals should be taken into account.

Third, the scope of the second review: the principle of the comprehensive review

Since the criminal procedure of second instance in the "trial" is limited to the appeal and protest of the scope, then, events except the appeal and protest range is only through the "review" activities to be dealt with. From the protection of the filtering function point of view, the court of second instance is essential to the court of first instance to the archives material as the basis, to conduct a comprehensive review on the first trial content. Because of the "trial" and "review" are two different concepts, so, here the "comprehensive review" and the "limited trial" is not contradictory.

Should the court of the second instance for a trial involved no appeal or protest request must examine the contents, to determine a judgment in fact, applicable law and procedure have no major defects. Review of the principles by scoring method, when necessary, to listen to the views of both sides, namely, the principle of a written review, the court review for the exception. But, whatever the examination way, the second instance court review basis shall not exceed the court of first instance to the dossier, not to investigate new facts and evidence.

It is worth mentioning that, because the examination of the object is usually the appeal or protest request outside the scope of the matters, therefore, the court of second instance for the defendant's appeal beyond range request and support protesting organ beyond protest range of opinion, can be examined. However, the review of the basis is the court of first instance to the dossier.

(3The key to solve the problem)

  This paper properties on criminal procedure of second instance trial of asphalt, mainly put forward the opinion to solve the following problems:

The court of second instance on the first trial of incidental review aims to correct significant flaws in a trial in fact, applicable law and litigation procedure, to ensure the authority of the second trial final judgment without damage, but can not be damaged and the court of first instance jurisdiction, contrary to the judicial principle level independent. Therefore, transactions outside the scope of the surrounding appeals to a trial of should be the necessary restrictions. This paper believes that, after processing the second instance court review shall be limited to obviously wrong and fundamental error in two cases.

(1) obviously wrong

For a trial exists obviously wrong, the court of second instance shall not ignore, otherwise it will violate the basic duties of the judiciary, makes the final judgment is difficult to be accepted by the community. In fact, American "did not put forward to give up as" rule also provides an exception, that is "clearly erroneous" exception. According to this one exception, even if no errors in the first instance when the timely and appropriate preservation, appellate courts can overturn a judgment based on the obvious mistake.

Due to the fact that the errors are often need to be determined through trial, here the so-called "obviously" error is mainly refers to the application of law or procedure error. For example, a Deng three charges against a were sentenced to 5 years, 1 years and 6 months in prison, a trial has decided to merge the implementation of the 7 years, which violates the relevant provisions of punishment. For this type of error obviously, not corrected will damage the judicial authority and acceptability.

(2) the fundamental error

If a judgment is the violation of the constitution or other damage the idea of rule of law and the spirit of the fundamental error, the court of second instance shall also be corrected. For example, the court of first instance found wrong basic facts of the case belonging to such. For example, the practice in some cases involving crimes are not the defendant, but due to various reasons, the voluntary or forced the rap, which leads to the wrong judgment of the court of first instance. Not correct the possible loss and justice in the fundamental interests of such errors, including the error of judgment may also need to be commuted by the retrial procedure. In this case, its future through the retrial procedure to correct the mistakes in the final judgment, as addressed in the second instance procedure, otherwise the judicial paradox similar to appeal not infliction principle "first appeared in the process of maintenance, after the retrial".

Note that, because the court of second instance can only be transferred to the court of first instance of the materials as the basis for the review, not to investigate new facts and evidence, so, the court of second instance for the fundamental error, when necessary for the court of first instance ruled that the re trial; if only through reading, interrogation methods such as examination judge, court of second instance shall be in before the judgment is made to make prompt both sides, allowing both views and debate.

  Research methods, technical route, 2 plans to take the experimental scheme and feasibility analysis

(1Research on method):

Based on the documented process, the following methods:

Literature research method

Literature research method is based on the purpose of the study or research will, through the investigation and the literature to obtain information, in order to comprehensively, accurately grasp the method of the research problem. Literature research method used in the study of various disciplines. The role of:1To understand the history and status quo of the relevant issues, to help determine the research topic.②Can form a general impression about the object of study, is helpful to observe and access.③Comparative data can be of practical data.④Help to understand the whole picture of things.

Case study method

A case study is a specific object identified in the study, by investigation and analysis, a research method, clarify its features and forming process. There are three basic types of case study:1.The personal investigation, the investigation and Research on an individual in the organization;2.Group investigation, the investigation of an organization or group;3.Problem investigation, the investigation and Research on a phenomenon or problem.

Functional analysis

Functional analysis is a method of social science is used to analyze the social phenomenon, is one of the common analysis methods of social investigation. It shows that social phenomenon how to meet the need for a social system (i.e., what is the function) to explain the social phenomenon.

In the procedure, this paper starts from the case study of influence, from the society, which brings to the existing legal system to analyze impact; and the representative countries of the continental law system, common law, legislation, and international legislation on analysis; on the basis of significance in legislation and judicature on China's views.

(2) technique, experiment scheme and feasibility analysis:

 Based on the collected data and based on the analysis of literature, through comparing the old and the new version of the criminal procedure law, empirical analysis and the existing problems in the judicial practice, finding the existing problems.

 Through the related to the judicial practice field interviews, propose solutions and suggestions. Can ensure that the research progress in resources, the implementation steps.

Characteristic and innovation of this paper. 3

   In this paper the biggest characteristic of empirical research, namely in the judicial practice problems and present situation of empirical analysis, of course, this empirical study is based on the premise of theoretical analysis.

  The innovation lies in the analysis from the function for the nature of the criminal procedure of second instance trial scope, through such analysis more to sort out for second instance trial, and make a logical conclusion.

The progress and results of 4 expected

1,2012Years12Month-2013Years1Month, literature collection, the library, Internet and so on, as far as possible to collect data. Then the collected documents have been combing the perfect outline, under the guidance of tutor.

2,2013Years2Month-2013Years12Month, began writing papers, completed the first draft.

3,2014Years1Month-2014Years3Month, the tutor group to make further assessment of the teachers, revised and improved according to the teacher's advice, finish the papers.

Scope of the trial of criminal procedure of second instance

A criminal trial of the second instance, the definition of the scope of

(a) the scope of meaning of criminal trial of the second instance

(two) the second trial of criminal effect

(three) the theoretical basis for determining the scope of the criminal trial of the second instance

Two, foreign criminal trial of the second instance of legislation range

(a) the countries of Anglo American law system of criminal appeal trial the legislative investigation

     (two) the countries of continental law system of criminal trial of the second instance of legislation range

(three) two big legal system country criminal second trial comparison

Three, China's criminal trial of the second instance of the theoretical controversies

(a) outstanding comprehensive review says

 (two) retain the comprehensive review says

(three) in the examination of facts, the legal review to supplement

(four) the legal review based on facts as supplement, review

Four, China's criminal trial of the second instance legislation range selection

 (a) to appeal or protest, according to the establishment of the second trial

(two) taking facts as the principle, legal supplement to establish the second trial

(three) take the law as the principle, take the fact as the supplement to establish the second trial

1 have participated in some research work and have made the research achievements

(1) in the library, literature database, network access to a large amount of data, data on the non prosecution of additional conditions on the books and papers, the relevant documents and materials studied and analyzed carefully sorting and in-depth.

(2With the tutor) through communication and exchanges, gradually formed a relatively mature theory point of view.

The experimental conditions of 2 has, the lack of the experimental conditions and the quasi solution

(1The experimental conditions have): through the library, network to collect data, have been

After collecting a number of articles on the non prosecution of additional conditions of research papers and monographs and related problems. Have a preliminary understanding related to the foreign system.

(2The lack of the experimental conditions): This is the conditional on non prosecution system, it originated from the

Abroad, because it is not realistic to inspect the condition factors of countries, will give the writing inconvenience.

(3) to solve the way: by the library to find the relevant original documents.

                                     Instructor signature:

                                            Years  Month   Day