Journal of Southwest Petroleum University(Social Sciences Edition) ›› 2022, Vol. 24 ›› Issue (5): 72-81.DOI: 10.11885/j.issn.1674-5094.2022.01.06.02

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Reform of the Mechanism of Criminal Appeal Case Handling

LI Jihua, ZHEN Zhuo, XING Yongjie, CUI Kecheng   

  1. First Branch of People's Procuratorate of Beijing Municipality, Shijingshan Beijing, 100040, China
  • Received:2022-01-06 Published:2022-10-21

Abstract: Criminal appeal cases are where criminal litigants' rights and interests protection connects with procuratorial work. Based on the handling of criminal appeal cases in a branch of Beijing People's Procuratorate and the county procuratorates under its jurisdiction, this paper analyzes the current handling mechanism of criminal appeal cases in China. The results show that the number of criminal appeal cases accepted by procuratorial organs is increasing year by year, and branch procuratorates handle a larger number of cases than procuratorates at district and county levels, but the effect of case handling in branch procuratorates is not satisfactory as expected due to the lack of adequate theoretical support, unclear legal basis, and inadequate reasoning of documents. At present, we should explore the establishment of a "case" and "person"dual-core criminal appeal case handling mechanism, so as to reflect the procedural value of criminal appeal cases and correspond to the political attributes of procuratorial organs.

Key words: criminal appeal, counterappeal, grade jurisdiction, declarant, procuratorial organ

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