Abstract
In a modern civilized country there are almost instances different appeal procedures. The appeal process is the first instance in the process of an independent stage of the proceedings. Although it is not necessary in each case the procedure, but each ordinary criminal cases will reach the procedure. China's criminal appeals system in the Legislative Council still exist many problems, such as the appeal which does not aggravating the principle of protection is not adequate. Independent legislation does not give victims the right to appeal, the Appeals Tribunal Fahuichongshen phenomenon highlighted in the free trial and appeal procedures, not to replace the trial A trial principles, seriously violated China's criminal legislation spirit. Many cases do not lead to the end of Final Appeal, repeatedly retrial, a waste of resources, At the same time damaged the legitimate rights and interests of the parties, also damaged the court's authority. The amended Criminal Procedure Law has not fundamentally solve China's criminal appeals system where some of the problems exist, The paper sector to legal theory in the criminal appeal system for the study of the background is the judicial practice of the problem It takes an opportunity to use comparative analysis and empirical Analysis, study the system of criminal appeals to the basic principles, demonstration of China's interpretation of the concept of Criminal Appeals, features, defects, and for the Reconstruction of China's criminal appeals system to fully implement the appeal is not aggravating the principle of protection of victims ,the right to appeal. strictly limited the scope of application of Fahuizhongshen, mainly carrying out the trial of the trial, from the theory and practice of the legislative, judicial interpretation, and enforcement cases provide a useful reference.
Key words: criminal appeal system , problems , Reconstruction of the system
