法律学dissertation：关于英为刑法之现状分析
From 2009 to the present , the author of the grassroots People's Procuratorate received a total of nine criminal complaints , 14 were not filing a written review of four 6 people, filing review five eight people, including 2009 4 6 people, 2010 1 parts 2 , 2011 1 1 2012 has three five people , showing an overall upward trend worthy of attention.
从2009年至今，笔者所在的基层人民检察院共受理刑事申述案件9件14人，不立案书面检查的4件6人，立案复查5件8人，其中，2009年4件6人，2010年1件2人，2011年1件1人，2012年至今3件5人，总体呈现上升趋向，值得关注。
First, the basic characteristics of a criminal appeal cases
一、英国刑事案件的基本特点
1 From the complaint type, against the people's court criminal judgments more concentrated effect . Since 2008 , the hospital accepted nine criminal appeal cases , there are eight effective against the people's court criminal judgments , accounting for 88.9% of the total number of cases handled .
从申述类型看，不服人民法院生效刑事判决裁定较集中。从2008年至今，该院受理的9件刑事申述案件中，就有8件不服人民法院生效刑事判决裁定，占受理案件总数的88.9%。
2 From the main complaint look to the original bill of the accused, victims and their close relatives based. According to the Supreme Procuratorate on the " People's Procuratorate review the provisions of the criminal appeal cases ," prosecutors filed a criminal complaint to the principal can be parties and their legal representative, close relatives , attorneys and other principals. But four years, the region's main complaints received by criminal defendants , victims and their close relatives based, including the original bill of two defendants appeal , appeal the two victims , close relatives of the victims file complaints 5 , these three trials per capita is associated with a direct interest in the result of people 's verdict directly affect their interests . Relatively speaking, an agent with professional legal knowledge very few complaints , which to some extent caused by abuse complaints and appeals difficulties and other issues.
3 from the case to see , causing personal injury is more serious consequences highlighted . Causing bodily harm complaints accounted for 88.9% of all complaints , which caused a traffic accident causing serious injury or death of three , due to intentional injury causing three minor injuries or death , illegal detention of a restriction of personal freedom , rape one . Thus , for the residents of human health and the importance of the right to life as the improvement in the level of social civilization and progress in the rule of law and continues to increase.
4 Looking at the results from the complaint , review the proportion of cases there is a certain problem is not high . After the factual findings on appeal cases , conviction and sentencing , procedural legality issues such review or preliminary examination , the complainant is untenable , dismissing complaints 6 ; does not meet the conditions of protest , not a protest ; handover Court Prosecution Division , the proposed protest or supplement indicted two , accounting for 22.2% of the number of filing . Review Problems for the proportion is not high , to a certain extent reflects the level of British justice and justice practitioners constantly improving the quality , but also from one side reflects the subject is too broad because the complainant , the complainant subject generally low level of basic knowledge of the legal profession Higher number of issues to be resolved .
Second, the number of criminal complaints Cause Analysis
1 The parties and their close relatives the legal awareness . With the British efforts to increase publicity and the rule of law concept deeply rooted , especially in the legal prosecution Awareness Week in depth, and the news media of the " injustices " of frequently reported , the State Compensation Law promulgated and implemented , making the majority of people realize that the law is not only a tool for fighting crime , but also to protect their legitimate rights and interests of the weapon.
(2) The parties and their close relatives, the understanding of the relevant legal provisions biased . For example , the defendant Danmou driving without a license , ignoring road safety , Zhang 's father knocked down after the escape , causing a major traffic accident death of his father Zhang . Danmou court sentenced to three years imprisonment within the statutory sentence of six months. Zhang by the traditional " Sharenchangming " thinking, how can that six months to three years imprisonment and a life peer , the court sentencing abnormal light, so a complaint. Since the main complaint requires broad appeal reasons are simple , of course , in large part is to give more people the opportunity to have more appeal , but it is indeed a problem can not be ignored , not only resulted in the complainant's legitimate rights Debu to effectively protect , but also leads to significant waste of judicial resources , the judicial authority undermined.
3 criminal complaint no reason , time and frequency constraints, and low cost. To calculate the cost of litigation proceedings in the UK at this stage , almost the majority of cases are concentrated in the grassroots people's courts , resulting in numerous cases of grassroots people's courts , lower courts workload, at such a high intensity work state, will inevitably be omissions . At this point the appellate court would be the best correction mechanism , but because of litigation economic principles , the United Kingdom implemented instance system , ie one case after two People's Court trial, the judgment of the second instance court shall make a final judgment . In reality, there is still justice practitioners in the United Kingdom is not high quality , the judicial authority is not strong and other practical factors , the British gave the parties the existing laws as well as other problems in that case the judgment can be questioned staff a chance to implement a complaints system . Therefore, the existing law on the grounds of appeal , appeals and grievance time limits the number of neither appropriate , nor any charge , the complainant is undoubtedly low-cost means of relief , so most people try to hold the complainant attitude, hoping to obtain legal assistance through the appeal .
4 supervision mechanism cumbersome. Start retrial cumbersome procedures , subject to review Kongshen departments , public prosecution department for examination , prosecution and other aspects of the Committee's discussion , disagreement often appear sectors , restricting the exercise of supervisory functions . Complicated and too cumbersome procedure would not only restrict civil entities exercise of power will make the administrative departments passing the buck , sinecures , administrative efficiency is not high even worse , there may be money trading , pollution, corrosion British civil service , hinder social civilization and spiritual civilization and the rule of law doctrine common progress and development.
5 whole society overall lighter sentencing , will inevitably lead to the victim party is dissatisfied . At this stage, the court from the perspective of social harmony and stability , in sentencing the defendant generally lighter sentence , probation strengthen education , English criminal law also identified education, persuasion and redemption , supplemented by punishment of the basic principle of punishment , but it to a certain extent with the criminal law was originally established " homomorphic revenge" principle has been greatly improved adaptation on . In real life , as a British citizen universal legal level is not high , the comprehension and understanding of the law is not strong , coupled with lack of judicial authority , making the interests of the defendant and the victim of this paradox when there is a conflict , the defendant lighter sentencing , victims of natural causes dissatisfaction , thereby complaint.
Third, the countermeasures and suggestions
First, improve the working mechanism of the criminal complaint . With the British democracy and the legal process moves forward , in the framework of the rule of law , the people on the prosecution 's legal supervision , higher demands and expectations. Therefore , the prosecution in a criminal complaint perfect working mechanism , improve the quality and level of legal supervision efforts. Procuratorial organs to carry out criminal complaint work , to seek truth from facts , mistakes must be corrected principles for the original bill confirmed facts , admissible evidence , the applicable law , the legality of the program to conduct a comprehensive review to ensure the right to decide the case review and appeal rights separation , strictly follow the statutory procedures , handling procedures to enhance the openness, transparency and credibility enhanced cases , help to avoid the complainant repeated petitions , long endless appeal , effectively maintain social stability.
Second, investigators always carry interest appeal mechanism . Under the new situation of criminal complaints , often related to the parties and their close relatives, personal, property vital interests that have been in force decisions or judgments they questioned the existence and dissatisfaction. Therefore, not only to review the work according to the law , but also pay attention to income v. stop to visit , to prevent repeated complaints to the province to Beijing , and other non-normal leapfrog petition instability occurs . Therefore , we propose an interpretation of reasoning throughout the process of handling cases always , adhere to the " two meet " system or even " three meet " system, strengthen communication and coordination with the complainant , do ideological work to divert , to meet the conditions of criminal victim assistance complainant , to give justice to help solve the crime victims or their close relatives living difficulties , prompting the complainant strike rate v. visit , maintaining social stability.
Third , a clear criminal complaint reason , duration and frequency . British existing laws , the criminal complaint does not specify the grounds , time and frequency , the complainant regardless of the grounds of appeal is justified , justifying any time can raise numerous complaints , leading to flooding complaints , repeated appeals , appeals quality is not high , even for some people with ulterior motives advantage of the loophole , is not conducive to safeguarding the authority of the law , but also to the claimant has brought great spiritual and material losses. Therefore, we recommend a clear reason for the criminal complaint , time and frequency . First, the grounds for appeal , the complainant must have new evidence that the original bill finds factual errors , or insufficient evidence for ascertaining the facts of contradictions , or adapt an error of law , or violation of legal procedures , or other judicial officers have violated circumstances ; secondly , appeals deadline , the parties and their legal representatives and near relatives in the court ruling within two years of the effective date for the parties to appeal , the defendant in the execution of punishment for the period to one year from the date of his sentence appeal ; Finally, the number of aspects of the complainant shall not exceed twice. No legitimate grounds for appeal within the time limit or number of the complaint will not be accepted .
Fourth, strengthen professional training to improve the quality of prosecutors . The prosecution prosecutors practitioner oversight functions . Prosecutors to raise the level of legal supervision , and establish legal supervision authority , it must be targeted , pragmatically strengthen criminal complaint prosecutors professional training , the implementation of regular training and regular intensive training combined adopt flexible and diverse training methods, continuously improve prosecutors business literacy and professional level, and make sure that dare supervision , good supervision, supervise , regulate supervision.
IV Conclusion
Criminal complaints system is fundamentally in order to correct judicial errors , subject to the complainant to provide a final solution approach , but because the system is in the immature , imperfect period , coupled with lack of English law this specification , this did not fully play the role of institutions . However, we believe that as I had a socialist rule of law continues to progress , the British legal system of continuous improvement , this system will play an increasingly important role.
