Journal of Shanghai University (Social Science Edition)

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Functions of Criminal Second Instance Procedure in View of Review Manner:
With Special Regard to Article 223 of China' s New Criminal Procedure Law

  

  • Received:2013-02-04 Online:2013-05-15 Published:2013-05-15

Abstract: Review manners have a natural connection with the functions of criminal second instance. The balance of criminal second instance functions is reflected by the design of review manners, and the practical application of review manners influences, even determines, the actual status of second instance functions. The new Criminal Procedure Law keeps the complete review principle, which indicates that there is little adjustment in the area of second instance functions; however, the original provision of review manners is changed, the result of which is that opening a court session is no more a fundamental requirement. A gap emerges between the expectation of second instance functions and the review manners. According to the orientation of criminal second instance functions, when the review manners are applied in particular cases, the following aspects should be attached importance to: strictly qualifying the situations where opening session is not required, regulating the court' s discretion in choosing review manners, as well as guaranteeing the quality of opening session.

Key words: criminal second instance functions, review manners, system functions, complete review,
opening a court session

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