On The Criminal Retrial Reason

In the ages of change, the Chinese Country Criminal Retrial Procedure also faces more opportunities and the challenges. As a special relief procedure, Criminal Retrial Procedure can discover entity-reality, carry on a necessity of relieve to the accused person and other important effect. But, as a principle in the design and the lawmaking and the value, the Chinese Country Criminal Retrial Procedure has of shortages inborn and many problems. Among them, the Reason of Criminal Retrial is the core part and of the key place. Because of main factor of the Chinese Country Criminal Retrial Procedure , the position and function of the Reason of Criminal Retrial are count for much, but the existing lawmaking rule extremely and in brief and too a principle, lacking explicit, maneuverability, cause the Criminal Retrial Procedure start of the procedure more arbitrarily, at will ,not only take effect to judge of the stability and authority, and the accused person still needs to face to pursue for again of danger, Retrial also make a hard realization of the justice and efficiency again and again. The Chinese country Criminal Retrial Reason exist these irregularities and shortage, mainly lying in the lawmaking and the influence that the principle and value pursue, such as Entity-true Doctrine, Procedure-tool Doctrine, Objective-truth Doctrine of the Criminal Proof Concept etc. The establishment of the Criminal Retrial Reason is a the result of multi-idea, multi-valve and multi-behalf to balance out and compromise with each other, which is to choose and balance in valve of the conflict connection such as the invariability of the law and the authenticity of the law, justice and efficiency, the entity justice and the procedure justice, controlling crimes and human rights protection and so on.This thesis is divided into five parts totally. The First Part :the General Review of the Criminal Retrial Reason ,discussing the concept, the characteristic, the category, the position and the function of the Criminal Retrial Reason; The Second Part: the Theories Foundation of Criminal Retrial Reason, firstly ,discussing the Theories Foundation of the Criminal Retrial Reason in the Outer of the Scope of the Legal Territories, just as the Have Already Sentenced to Strength and the Principle against Double Jeopardy, secondly , discussing the Theories Foundation of the Chinese Criminal Retrial Reason, such as the philosophy foundation, the procedure-law theory foundation ,the entity true doctrine, procedure tool doctrine and objective-truth doctrine of the Chinese Criminal Retrial Reason; The Third Part: the reviews of the Lawmaking Criminal Retrial Reason in the Outer of the Scope of the Legal Territories, with emphasis on discussing the reviews of the Lawmaking of the Criminal Retrial Reason in the Common Law Countries and the Civil Law Countries, in the meantime ,discussing the characteristics of the Lawmaking of the Criminal Retrial Reason in the Civil Law Countries and the Civil Law Countries on the more analytical foundation; The Fourth Part: the Actuality and its Problem of the Lawmaking the Chinese Criminal Retrial Reason, discussing the Problems of the Chinese Criminal Retrial Reason in existence, arguing the Chinese Criminal Retrial Reason to mainly exist the strong color of the authority, the inequality, the poor consciousness of the Human Rights Protection, excessively principle of Legislation regulation, no distinction of the Criminal Retrial Reason of Being Advantageous to the Accused Person and the Criminal Retrial Reason of Being Disadvantage to the Accused Person etc; The Fifth Part: the Reestablishment of the Chinese Criminal Retrial Reason ,main discussing the reestablishment of the Theories of the Chinese Criminal Retrial Reason and the System of the Chinese Criminal Retrial Reason.