Typological Analysis and Normative Path of Newly-added Protest Requests in the Second Instance
From the perspective of criminal justice practice,it has become more and more common for the superior procuratorial organs to add protest opinions in the procedure of second instance when the procuratorial organs protest.However,while pursuing substantive justice,there are also some problems,such as the lack of corresponding regulation for the request unfavorable to the defendant,the contradictions between the"surpris-ing"request and the spirit of the evidence rules,and the different response to the same situation.At the same time,owing to the lack of relevant theoretical support and normative guidance,the reasoning model does not match the practical needs.From the perspective of prosecutorial integration,the new protest request has its own rationality,which needs to be taken into consideration.From the perspective of the protection of the defendant's rights,procedural justice should be put in an equally important position to substantive justice,and thereafter"new protest request of second instance"should be regulated.In the conflict and integration between punishing crimes and protecting human rights,the original intention of the system is sought,and the solution is proposed.First,the bottom line should be established that the defendant should not be more unfavorable,and the rights of the defendant should be fully protected from the procedure.Second,the specific regulatory path and corre-sponding reasoning mode of judgment documents should be determined based on the types of new protest re-quests.At the same time,it is necessary to establish the corresponding procedure guarantee mechanism.
protest requestprocedural justiceprocuratorial integrationsafeguarding human rightstypology
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