The Reconsideration And Redesign Of Retrial System

The retrial procedure,a special procedure rehearing the verdict and judge which has been taken effective,is to correct the error of the judge or the violation of legal procedure of the judge.The retrial procedure in our country's law system is replaced by adjudication supervision procedure and appeal for the corruption of judge,and the former take the very more important place than the later. Our law system reflected more doctrine of function and power tendency, so we should use the retrial procedure to replace adjudication supervision procedure and appeal for the corruption of judge. Every system has its basic theory, so as the retrial procedure. Be practical and realistic and correct every errors theory as long as keep the judicature authority theory are the basic theories we have been hold for adjudication supervision procedure and appeal for the corruption of judge. The important place of procedure has been found as the due process theory has been introduced into our country, so it become one of the basic theories of retrial procedure also. The number of the object of action for retrial is decided by the consistency of retrial and original trial and whether the new object come forth. The reason of initiating retrial is the basic to judge the object of action for retrial. If the reason is violate the legal process, we say there are new object, otherwise, there are not. The society factors and parties or judge's action can influence the initiating of retrial violently. The retrial in our law system is very inreasonable, so it's necessary to perfect the retrial procedure. Such as the subject instituting retrial, we should redistribute the initiating power(or right) among court, procuratorate and parties. There should be uniform rules for the reason to initiate the retrial procedure, and then specified in detail in accordence with all kind of trial. The jurisdiction court should be the direct superior cout of the original trial court principally and the the original trial court secondarily.