Criminal Appeal Argument

Author: Hu Ming
Publisher:
Publish Date: 2005-10-01
Features: This book integrates theoretical exploration with practical analysis, starting from the positioning of the right to appeal and the criminal appeal procedure. It employs methods such as philosophical speculation, value analysis, psychological analysis, comparative research, and empirical research to conduct a multi-faceted discussion on appeal issues. The entire text is grounded in the analysis of rights, the protection of rights, the limitation of power, and the proceduralization of appeals, with a focus on three levels: the right to appeal, the appeal procedure, and the improvement of the appeal system to advance the construction of a harmonious society. It discusses issues such as the value and purpose of appeals, the theoretical foundation of appeals, the actual situation of appeals in judicial practice, the direction of legislative improvement, and the design of specific rules. Through the study of the limited nature of the criminal appeal procedure and its human rights protection function, it pays more attention to the fairness and democracy of the appeal procedure, as well as the realization of the rights of appealants, thereby highlighting its humanistic care. The research in this book extensively collects relevant laws, regulations, judicial interpretations, practical experiences, pilot reforms, and theoretical achievements in China's criminal appeals, widely examines and references foreign legislation and theories, and provides a detailed introduction to the basic conditions of error correction procedures in the two legal systems. It highlights the new developments in the UK's judicial error correction procedures, the new situations in the European Court of Human Rights' handling of appeal cases, and the new developments of the principle of "double jeopardy" in the international community.