The Sequence On The Retrial Procedure

Retrial procedure is a remedy mechanism to the error happened in the procedure system, whether it is scientific or not is fatal to the qualification of procedure. In this paper, I talk about this problem from follow four parts.Partâ… .Summarization to the procedure of retrial procedureAs a remedy mechanism to judicature justice, the procedure of retrial procedure is accepted by many countries. It is based on the theory of epistemology and judicature justice. The construction of the procedure of retrial procedure is benefit to obtaining judicature justice, satisfying people's desirability to justice, ensuring the right of the party, and is benefit to supervising law and summarizing judicature experience in time.Partâ…¡.The feature of national retrial procedure to typical continent law systemFirst, at the guidance ideal, Germany take pursuing entity reality as the guidance idea of the procedure of retrial procedure again; France take pursuing entity reality, achieving judicature justice, protecting defendant's right as the guidance idea.Second, at the types of the procedure of retrial procedure, Germany has the retry benefit to the defendant and the retry disbenefit to the defendant both; France only has the retry benefit to the defendant; Japan only permit the retry benefit to the defendant too.Third, at the entity, Germany has law department, the original defendant and the direct folk who are nearby when the defendant died; France has judicature minister, convicted criminal. If the convicted criminal...