Reserch On The Criminal Retrial System

In the studing of chinas criminal retrail system,most reseachers has analysised it from different ways.but most of them cocentrate in how to restart the procedure of the retrail system,well, to the question of how to hear the retrail case after the court decides to retrail the case ,they do not have more detail discuss. Factually ,it is a very important question to construct a legal and fair retrail system,also it is the value and goal of the develement of the retrail system.so this essay will start from the present law and retrail system to explore the system value of the retrail system.China's criminal retrial procedure, which also called the trial surveillance program. the trial procedure of criminal retrial mostly talks little about them, but just stipulated in accordance with the retrial procedure to the trial of the case shall form a new collegial panel. If the original cases of first instance, shall, in accordance with the procedure of first instance, the judge, ruling, can appeal or protest; If the original is a case, or a people's court shall, in accordance with the remand the case, a program of trial, ruling, the judgement, decision is final. In the document of the The supreme people's court on criminal retrial case trial program specific provision (try out)" ,it definitely divides chinas retrail system into two parts: opening trail program and unopening trail progarm.just because of this unoperately regulation which makes our retrail system becomes more and more unimportant. In the judicial practice, criminal retrial system shall judge "first" and "retrial after trial program" and so on the phenomenon of the formalism of judicial embarrassing trial procedure of criminal retrial is unclear, it did not display the characteristic retrial procedure system and the value pursuit of empirical one. This paper focus on our criminal retrial trial of current effective law and the relevant judicial explanation, combining foreign criminal retrial system exists with the relevant regulations of the state ,and it also try to analysis from aspects of the case-hearing level setting, retrial before trial court, put on record the review procedures, trial organization, trial principle, trial mode, the members of the collegial panel mode, settlement, trial number .the judicial explanation mentioned aboved has denifitely distincted two ways of opening and unopening retrail system. Law is the way the members of the collegial panel shall be separately group of court, judicial interpretation stipulates the court hearing only part of the content, retrial stage of the other side is disjointed, did not reflect the value pursuit of the retrial system. At the same time, the regulation of the judicial explantion also makes a further development in the overall retrail sysem.This essay tries to make the retrail system becomes a more and more completely procedure.which also distincts the first instance procedure and the second procedure . after that ,the retrail syetem can reflect the characteri of remedying and unusual way. At last it can solve the awkwardness judicial practice, and give the enlightenment for the future revision laws, regulations and judicial interpretations.