Criminal Retrial Reason Research

Criminal retrial procedure is a kind of special relief program, the purpose is to correct the mistakes of criminal referee already come into force. Criminal retrial reason is caused retry procedure according to, in the whole criminal retrial system in a basic position. The criminal procedure law of our country criminal retrial reason for the legislation has many problems, these problems not only affects the stability and authority to take effect to judge, May also make the defendant faced a repeat prosecution of danger, lead to the judicial justice and efficiency goals difficult to achieve, Shake the parties and the social public to the legal faith, against social harmony and stability. Therefore, the research on China's criminal retrial reason, to perfect our criminal retrial system, protect the legal rights of parties, it saves judicial resources and maintaining judicial authority has the extremely vital significance.This paper is divided into five parts:The first part, criminal retrial reason to limit. Mainly expounds the criminal retrial reason the meaning, characteristics, classification and theoretical basis.The second part, criminal retrial reason comparison inspection. Focuses on continental law system and common law of major national criminal retrial reason corresponding legal regulations, the basis of the investigation reveals two big law, major national criminal retry reason in common and the difference of our country, and points out the criminal retrial reason legislation perfect reference.The third part of our country's criminal retrial reason probing. Our criminal retrial reason introduced legislation present situation, has analyzed our country criminal retrial reason problems and causes.Fourth part, the perfection of our criminal retrial reason. This part of the people's court to start from cancel the criminal retry power, explicit "is wrong" meaning and the specific situation, "new evidence" clear determination standards, distinguish the retrial reason for the defendant against the defendant retrial reason and the parties as well as the establishment of the application for retrial lawsuit system discussed these five respects the perfection of our criminal retrial reason.