Criminal Second Instance Prosecution

Author: Yan Yukang
Publisher:
Publish Date: 2006-05-01
Features: Prosecutorial practice is the source of prosecutorial theory, and prosecutorial theory is the summary and refinement of prosecutorial practice. Applying prosecutorial theory to guide prosecutorial practice and continuously enriching and developing prosecutorial theory in practice are the inevitable requirements for building a socialist with Chinese characteristics prosecutorial system and the sacred duty bestowed upon prosecutorial workers by the times. The Shanghai procuratorial organs, centered around the overall situation of reform, development, and stability, and with the theme of strengthening legal supervision and upholding fairness and justice, have strengthened the standardization of law enforcement, the professionalism of the, and the scientificization of management. They actively advocate for broad prosecutorial cadres to adopt a reform-oriented spirit and a pragmatic style, conduct in-depth research and investigation, and have emerged a number of talents and research results in prosecutorial theory. The publication of "Prosecutorial Review in the Second Instance of Criminal Cases" is another representative of prosecutorial cadres' research in prosecutorial theory. "Prosecutorial Review in the Second Instance of Criminal Cases" describes the formation and development history of China's prosecutorial review in the second instance of criminal cases, clarifies the characteristics of legal supervision in prosecutorial review in the second instance of criminal cases and its basic functions of correcting and preventing errors, upholding the unified and correct implementation of national law, demonstrates the applicable principles, burden of proof, and specific procedures of prosecutorial review in the second instance of criminal cases, puts forward clear views on some controversial issues in theory and practice, and proposes suggestions for improving prosecutorial review in the second instance of criminal cases. Although the book has not yet formed a complete theoretical system, and some views also have room for further discussion, it is not without its merits. The author has long worked in the prosecution department, with rich practical experience and a solid theoretical foundation. Through rational thinking in his many years of prosecutorial work, he has continuously accumulated and summarized problems in practice, actively explored prosecutorial review in the second instance of criminal cases, and this work of linking theory with practice, diligent research, and courageous exploration is itself worth promoting.