中间性上诉制度初探.pdfVIP

ABSTRACT Nowadays,The appeal system as the core of criminal procedure has got more and more attention from the theory and practice circle with the strong wish for human rights and justice.Among the main legalized countries,Intermediate Appellate Procedure which corrects structural errors of procedure and gives relief to human rights timely,has already made great contribution to the achievement of judicial justice and human rights. This procedure protects the plaintiff from inevitable harmless and the embarssment situation where they can not get remedy and fight for the rights.That’s because some procedural errors in the criminal cases will take devastating damage to the litigant,and even the whole procedural structure,which can not be remedied by any measures afterward,and make a timely relief necessary and useful.There is a law proverb that the justice delayed is justice denied,which means without timeliness,any remedies would only be “flower vase”.And relief on time is instinct demand when the human rights got damaged,and basic requirements for justice, which would have universal value on law and morality.Intemediate Appellate Procedure allows both parties to institute an appeal before the judgement comes into force. However,the theorists and the practitioners still lack necessary knowledge on this system. In terms of our juridicial practice,lacking of professional procedural relief program and only having Criminal reconsideration for procedural errors is castigated.Since procedural relief is absent,both parties’s liti