On The Criminal Adjudicatory Supervision Procedure

In recent years, with the development and realization of joining into WTO, the problem of the validity of established adjudication in China judicature has attracted more and more attention. Owing to bigger limitation on the theoretical guide and the whole structure of criminal adjudicatory supervision procedure, in practice, the phenomena of limitless appeal and limitless retry are very severe. It not only can't make the judicial values to come true which the adjudicatory supervision procedure always pursue, but also destroy the protection of the defendants' rights, the authority of adjudication and the judicial efficiency. So it has a great practical significance of how to realize judicial justice through the reform of criminal supervision procedure. Thus, this article will try to study on renewing the view of criminal supervision procedure and reconstructing the procedure system.In the reform of criminal supervision legal system, we ought to treat the principle of "Be practical and realistic, by all means to put right" as a general guidance of judicial action. Furthermore, we must establish a kind of fresh belief in this procedure, that is to pay equal attention to substantive justice and procedural justice, to protect human rights, to attach importance to the value of litigious efficiency, and then we should set up a series of peculiar principles in criminal supervision procedure, such as remedying faults according to laws, none repeat retrial, exhausting all ordinary procedural means to remedy before applying retrial, aggravating punishment limitedly according to the cause of retrial and so on. Meanwhile, we should stipulate proceduralrules embodying the spirit of these theories and principles mentioned above. In the application of criminal supervision procedure regard, we should perfect the legislation on subject of complaint cause of appeal, period of petition for retrial, mode of appeal, in order to set up litigious right of action in supervision procedure; On the reform of the judicial mechanism in the retrial, we should enhance jurisdictional rank of retrial and increase transparence of retrial hearing, we should define the time limit for retrial and implement the system of court of first instance being the final in the retrial.