The Study On The Criminal Retrial Procedure

The criminal retrial procedure is a important relief procedure in china's criminal procedure.As the last-ditch of justice,the criminal retrial procedure'course is straightly related to the justice of the criminal case,the pressing guarantee of citizen's legal rights and the timely comed-out of country's punishment rights,and at the same time it has the prior meaning of the normal running of the whole justice system and the realization of the nomocracy country.The thesis is based on the definitude of the criminal retrial procedure's concept, characteristic,function and other basic meanings.First,it will has a detailed introduction and commentary to the procedure's engender and developing of internal and external. Furthermore, it will open out the procedure's inherent spirit.And based on this,it will point out the disadvantage of our criminal retrial procedure's spirit and construction,then give a rational suggestion .In detailed,it has five chapters besides the abstract:The first chapter is the summarization of the criminal retrial procedure,firstly it will make sure the concept of it,point out The criminal Trial Supervision Procedure in our country's legislation is not scientific and religious and embodied a mighty style of authoritarianism.It should be called The Criminal Retrial Procedure .Secondly, simply analysis the characterister of it,point out the difference to other procedures in judge object,instituing subject, instituting reason and any other.At last ,analyse the function of the criminal retrial procedure,make sure its function of relief and consonance.The second chapter will review and analyse the criminal retrial procedure of internal and external.It may review the history of the criminal retrial procedure,and make a simple comment about the criminal retrial procedure from the angles of the economic form,political system,culture consciousness ,in order to grasp the procedure in the macroscopical level.The third chapter is the spirit of the criminal retrial procedure , this chapter focused on the spirit in the procedure:one is The Principle of Non Bis in Idem and justice ;two is the justice of result and the justice of procedure ;three is the justice and efficiency of proceeding; four is the guarantee of the human rights.At the same time point out these spirits are not...