The Reformation And Perfection Of Criminal Retrial Procedure

Criminal retrial procedure, as a wrong correction mechanism, is used by many countries in the world. In china, it is called procedure for trial supervision. When there are some wrongs in facts or the application of laws in effective judgments and orders, judges or prosecutors may use this procedure to retrial these wrong cases. Though this procedure actes important role, it is also has many defects. As a judge who trial many criminal cases and retrial cases I collect many informations about criminal retrial procedure. I will introduce my points in details.This paper includes three parts: preface , text and conclusion. In text I discussed criminal retrial procedure from ancient times to the present and compared with the procedures of foreign countries. On the basis of this I raise some reform tentative plans.The first part of the text is the general discussion of the criminal retrial procedure. In china the criminal retrial procedure is not perfect. Until 1979 china has her first criminal procedure code which revised in 1996. In general, practical and realistic style of work, every wrong will be righted, comprehensive examination are the three main principles of our criminal retrial procedure. But many things account for the effect which wasted the judicial resources, challenged the judicial authority. So establishing one style of limited retrial procedure is the most important thing in current judicial system.The second part of the text introduced the criminal retrial procedures of the case law system and civil law system. In case law countries forbidding durl risk is the main principal; in civil law system non bis in idem, i.e no one should be twice harassed for the same cause is the main principal. On the basis of the comparision between the two systems I try to find the reasonable clauses on subject, causes for retrial one case, effects and amendment of a judgment, and etc.The third part of the text is to establish the system of limited criminal retrial procedure. Unlimited retrial is the deadly defect of Chinese criminal retrial procedure. In this part I talk about the importance of reestablishing the retrial procedure and definitely point out the rudder of the reformation of Chinese retrial procedure, and discuss the jurisprudence basis of the criminal retrial procedure. In this part I expatiate the necessity, main basis, jurisprudence basis and methods of establishing the limited retrial procedure by the numbers.On the basis of the forgoing discussion in the fourth part of the paper I put forward the tentative plan of reforming and perfecting Chinese criminal retrial procedure. It concludes the subject of instituting the retrial procedure, conforming the reason of retrial, the system of jurisdiction, the methods of trial and effectiveness of the verdict.In one word, in this paper I stress discuss the necessity of the reformation and perfect of Chinese criminal retrial procedure , further more I also raise some importance tentative plans in order to perfect Chinese criminal retrial procedure.