Criminal Retrial Procedure And The Principle And Rule Of The Fact Wrongly Recognized

All countries of the world realize that the fair trials are not easy things. Even if the most discrete and authoritative judges would have be hoodwinked by the outside factors, and even if the most rational criminal prosecution procedure would have made mistakes. Therefore, we must face up to the mistakes in judgment, avoid the mistake as far as possible, and correct the mistake diligently. The criminal retrial procedure is just the special relief procedure, whose purpose is to correct the mistakes in judgment. It has played irreplaceable role in maintaining the fair of justice. However, there are a lot of flaw in present criminal retrial procedure, and in the judicial practice there are two extreme phenomena, such as "retrial difficult" and "infinite retrial, unlimited retrial ", which have departed from original purpose of the retrial procedure. In this article, on appraising of the elementary theory of the criminal retrial, the author analysis the fact of the retrial, and attempts to summarize the fact about the principle and rule of the fact retrial, expecting to be helpful to our criminal retrial system.