An Empirical Research of Criminal Retrial Counter-appeals:take the Analysis of 360 Judgment Documents as an Example
Criminal counter-appeal is an important part of the legal supervision work of the procuratorial authority,which has gradually become the focus of the criminal trial supervision system.In judicial practice,law application errors and sentencing errors are the main reasons for procuratorial authority to initiate retrial counter-appeals.From the results of retrial counter-appeals,the vast majority of opinions are supported by the courts.Looking at the quality of retrial counter-appeals,the procuratorial authority's quality in raising substantive issues for retrial counter-appeals is higher than that on procedural issues.Regarding the practical state of the function of retrial counter-appeals,there is a strong sense of prosecution,with a prominent error correction function,a deviation from the neutral position of the procuratorial organs,and insufficient supervisory attributes.Through empirical research,it is suggested that procuratorial authority should return to an objective and neutral position,strictly control the initiation of retrial counter-appeals that are not favorable to the defendants,achieve a dual-drive of"substantive+procedural"for retrial counter-appeals,and enhance the quality and effectiveness of it.
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