Trial Supervision Duality And Institutional Innovation

The object which this dissertation studies is the procedure of criminal adjudication supervision, also called retrial procedure. The criminal retrial procedure, as a special kind of justice redress, undertakes task of legal supervision. It contains the relationship between law's stability and law's mobility emerging during the course of pursuing the authenticity of judgment. It concerns not only the basic issues of overall law system, but also many other issues such as interpretation of actual law. The thorough study of this system will undoubtedly accelerate the development of procedural theory. From the standpoint of justice practice, criminal appealing case increases rapidly in recent years, and this becomes the main element which affects society's stability. The imperfection of retrial system is one of the important reason for the phenomenon said above. That's to say, the actual retrial system set not enough limits on the subjects, time, level of adjudication, reason of retrial system, which makes the judgment overruled time after time, greatly affects the stability and authority of final judgment, can not timely protect the party's legal interests, and wastes country's judicial resource. Studying retrial system has important practical significance.The main opinion of this dissertation is that procedure of criminal adjudication supervision centrally, comparing with other procedure of criminal litigation, manifests criminal procedure's value, aim, function and duality of structure, also centrally manifests the conflict between dual value and aim in litigation. What we should do is: from the situation of our country, pursue justice fairness and efficiency as the aim, adjust dual conflict by way of balance principle, reconstruct and boost institutional innovation with retrial idea, reform actively and stably the procedure of criminal adjudication supervision, and construct modern adjudication supervision with China's characteristic which adapts to duality.This dissertation reveals the duality of retrial procedure from theoretical and practical lays, whereby bring forward the assumption of retrial theory and institution reconstruction. Because our country's adjudication has close relationship with powerdepartment, ministerial party and society consensus, and they mutually affect each other deeply, this dissertation also review this kind of supervision to deepen the study of retrial system.This dissertation consists of three parts. The first part has four chapters and its main content is concerning the study of theoretical basis of criminal adjudication supervision. The first part try to reveal the world view, value view and methodology by which the procedure of criminal retrial supervision exists and develops, the theoretical basis of neo-epoch's criminal adjudication supervision, by discussing the aim, value and limit of criminal retrial in east and west countries.The second part is about the comparative study of criminal retrial system. This part consists of two chapters, respectively comparatively analyses the retrial system of the main countries in two law systems, Russia and our country's Taiwan, Hongkong and Macao regions, summarizes the development our country's retrial supervisioa in all ages. This part tries to answer how to use historical experience for reference and how to import western retrial system's available element in our retrial system reform.The third part consists of two chapters, studying reform of our country's criminal adjudication supervision. This part, on the basis of the former parts' comparative study of criminal retrial's theoretical base and institution, discusses and designs varioustaches of our country's criminal adjudication supervision, and analyzes some outer-procedural supervision which affects retrial supervision, in order to provide reference, such as path, institution, measure and so on, for the reform ofThe first chapter studies the aim of criminal adjudication supervision. Front study of criminal litigation's aim, this chapter concludes and analyses the resear...