Research On Criminal Retrial Procedure

As the system of redressing errors arising from criminal proceedings, the criminal retrial procedure is widely used in the world. It plays a very important role in maintaining the integrity of criminal procedure and in effectively protecting the defendants' legal rights. However, there exist many deficiencies in the criminal retrial procedure of our country. Both litigation idea and concrete procedure are not in good accordance with modern spirit of law. In this article, the author attempts to examine the existing rationality of criminal retrial procedure from criminal judicial errors and the res judicata, and analyze its advantages and disadvantages as well as the differences between Chinese and foreign criminal retrial procedure. Then, after analyzing the problems and shortcomings of now-existing criminal retrial procedure in China, the author proposes initial reforming on several key points in criminal retrial procedure, in hope to make the whole criminal retrial procedure develop to a scientific direction.