Reforming Chinese Criminal Retrial Procedure

As a king of correct mechanism of criminal suit, criminal retrial procedure plays a very important role in maintaining the justice in law and protecting the defendant's legal rights. This thesis discusses and researches criminal retrial procedure from two aspects of theory and institution. In theory, the thesis explores deeply the value and modern theory of criminal retrial procedure, as well as, analyses the reason about lacking modern theory in our country's criminal retrial procedure. At last, the thesis points out the shortcoming and puts forward the suggestions to reform theory and concrete institution of Chinese criminal retrial procedure. The thesis is composed of seven parts.The first part is a general description about the study of criminal retrial procedure. Basing on the materials collecting in the course of research, the author introduces simply the current study on criminal retrial procedure at home and abroad, and carries out explanation on priority, difficult points and innovations.The second part is summarizing of criminal retrial procedure. The thesis introduces criminal retrial procedure which is the definition, character and the institution at home and abroad. Moreover, it points out the urgency that the reform of Chinese criminal retrial procedure. The aim is helpful for the study further.The third part is the analysis of criminal retrial procedure's values. The thesis points out the multiple values in criminal retrial procedure; especially the important modern values are the procedural justice and assurance of human rights. Introducing the West's criminal retrial procedure how to realize the modern values, in order to discuss how to harmony the justice and efficiency. The forth part introduces the res judicata and principle of non bis idem. Being a procedure of correcting wrong case, criminal retrial procedure is full of various contradictions, including finality of judgment and res judecata, writing of misjudged case and on bis idem. Different countries are seeking the theory to balance these contradictions under criminal retrial procedure's values. The theory is gradually recognized by different countries.The fifth part rethinks profoundly the reason that lacking modern theory in China. Insisting Chinese criminal guideline "to seek truth from facts, to rectify whatever in wrong", the traditional theory should be reconstructed. The criminal retrial procedure is wished to establish in scientific and multiple values.The sixth part analyses the shortcomings of starting, cognizance and playing for misjudged case about Chinese criminal retrial procedure. Basing on judicial justice and assurance of human rights, while keeping a foothold in our county, the seven part puts suggestions to reform the shortcomings.Of course, the reform of criminal retrial procedure is not only reforming itself, but also need entire judiciary environment operates perfectly.