The Research On Criminal Retrial Procedure

Criminal retrial procedure means the court retries one case because the final judgment has genuine fault. Its device is to eliminate the contradictions and conflicts between the assurance and the reality of the rules the court has made .Whether criminal retrial procedure is scientific or not not only concerns the stability of the rules of the court which have come into effect ,but also concerns justice of the power of the punishment and the safeguard of the parties liligious rights .Whether in the theory or in the judicial practice, criminal retrial procedure is not only important but also complicate. However, to our country's criminal retrial procedure,it has played an important role, but it lacks science and perfect .So it has a great practical significance of how to realizejudicial justice through the reform of criminal retrial procedure. The paper investigates samplely notion,meaning,history and current situation of criminal retrial procedure,learns and refers the theoretical principle and value logos of criminal retrial procedure,then inspects detailedly and comparative studies criminal retrial procedure between China and others,so to quest for the flaw on our criminal retrial procedure,finally puts forward suggestion on perfecting constructing our criminal retrial procedure.The thesis is composed of five chapters. The first chapter is summarizing of the criminal retrial procedure. It discriminates definition of criminal retrial procedure and related notion,then gives an outline of history evolution about the criminal retrial procedure. The second chapter is the the analysis of Legal principle theory of criminal retrial procedure , the author discusses the theoretical and the values of criminal retrial procedure. It selective analyses dialectical relations of criminal retrial procedure and Res judicata, coordination of procedures justice and entity justice, given attention to judicial fairness and lawsuit efficiency. The third chapter made a transverse comparison between startup jurisdiction investigation and received of criminal retrial procedure in world areas, so it could draw lessons for our criminal retrial procedure perfection.The author has reviewed current situation about our criminal retrial procedure in force in the fourth chapter,then point out some flaws from guide ideas,start power,jurisdiction,try procedures and so on.The last chapter has put forward some superficial viewpoint on completing our criminal retrial procedure directs at the flaws of our criminal retrial procedure in force,for being stand corrected academic circles.