Reasonable Regulation On The Commencement Of Retrial Procedure Unfavorable To The Defendant

The criminal procedure law of us China is in the intense process of amendment and argumentation. The retrial procedure unfavorable to the defendant, in respect of problems arising in its practice, represents mostly the conflict among various litigant values and its amendment turns to be a key and hot point as well. The academic and practical circles see a variety of thoughts and suggestion with theoretic and practical support.The writer thinks that the reform on the retrial procedure unfavorable to the defendant should be based on the current situation of our country and also connected with the international environment with a hope to achieve a combination between the foreign excellent legal cultures and our local resource. Guided by this idea, the thesis is divided into three parts, namely the introduction, text and conclusion.Through introduction of the current call from the academic and practical circles on reforming the retrial procedure unfavorable to the defendant during this round of amendment and argumentation on the criminal procedure law, the introduction gives a brief illustration on the core issue of this thesis, that's how to regulate reasonably the commencement of retrial procedure unfavorable to the defendant?The text consists of five chapters as follows:The first chapter, through analysis on the value of retrial procedure unfavorable to the defendant and the principle of"non bis in idem", and argumentation on the value balance between the two, solves the main problem concerning legal theory in this field.The second chapter, after introducing the current legislature and judicature of the retrial procedure unfavorable to the defendant, and analyzing the problem arising at present, tries to detect the deeper reason behind the superficial level.The third chapter, based on a brief introduction on the retrial procedure unfavorable to the defendant of France and German, and a comparison and differentiation between the two, achieves a further knowledge on the principle of"non bis in idem", aiming to be of some help for the re-construction of our retrial procedure unfavorable to the defendant.The fourth chapter, on the base of the discussion above, explicates the mode of learning from the foreign system on retrial procedure unfavorable to the defendant and illustrates the eligibility of learning from abroad. Acting as a channel to connect the part above and below, this chapter leads to the key part of this thesis, namely the reasonable regulation on commencement of the retrial procedure unfavorable to the defendant.The fifth chapter, as a final chapter, demonstrates in details how to reconstruct the retrial system of our country and how to regulate reasonably the commencement of retrial procedure unfavorable to the defendant.Finally, the conclusion part, based on a brief review on the basic points of this thesis, gives a suggestion concerning the proposition from the level of legislature during the amendment of the criminal procedure law. Meanwhile, the ultimate goal is set to help propagating the reform on our retrial system, establish a system of"non bis in idem"with Chinese characteristics despite mounts of pressures, and furthermore, realize the perfect harmony among various value goals as the freedom, order, justice and efficiency.