Criminal Retrial Reason Research

Retrial procedure is generally positioned in the special relief procedure in all around the world. The goal of retrial procedure is to correct the mistake in an efficient verdict. Here "the relief" refers to the relief of accused person, but not the relief of state recourse prosecution' s failure, the "mistake" only refers to the accused person. The criminal penalty is a kind of extremely severe punishment; it not only can deprive human's freedom, but also can deprive human's life. The criminal penalty can bring great bodily and spiritual suffering to the guilty person. So the misjudgment to innocent person not only make the innocent person unable to endure, also can vacillate the public belief to the legal system. Give the state recourse prosecution a suitable control possibly can indulge individual guilty in some cases, but this is to pay for the more important value realization such as to safeguard the human rights, maintain the judicial authority, and make the criminal prosecution conform the rational principle. The only reason that the retrial procedure exists is to relief the accused person who was sentenced to criminal penalty by mistake.This paper divides into five chapters. First chapter briefly introduces the concept and characteristic of the system of retrial procedure. Second chapter dissertates the theoretic bases of how to establish the system of retrial procedure according to the modern criminal law idea. Third chapter compares the related legal rules of retrial reason in foreign system of retrial procedure. Fourth chapter analyses the defects of related legal rules of retrial reason in our country's present...