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刑事第二审审判对于上级人民法院监督、指导下级人民法院的审判工作,提高办案质量,保证正确行使审判权,具有重要的意义。 自一九八○年实施“两法”以来,我院共审结一千五百三十七件刑事上诉案件。其中:维持原判和撤诉的一千二百二十六件,占79.8％;改判的二百五十二件,占16.4％;发回重新审判的五十一件,占3.3％。另有八件因不符合移送上诉手续,退回原审法院。通过这段二审工作,我们有以下几点体会:
The second trial of criminal penalties is of great significance to the supervision and guidance of higher people’s courts at lower levels, to the trial of lower people’s courts, to the improvement of the quality of handling cases, and to the correct exercise of judicial power. Since the implementation of the “Two Laws” in 1980, a total of 1,537 criminal appeals have been concluded in our hospital. Of which: 1,226 of the original verdicts and withdrawals were maintained, accounting for 79.8%; 252 were reformed, accounting for 16.4%; and 51 were re-trial, accounting for 3.3%. Another eight due to non-compliance with the transfer appeal procedures, returned to the trial court. Through this second instance, we have the following experience: