The Reformation And Perfection About The Criminal Retrial Procedure

The criminal retrial procedure is the constituent parts of our country's criminal justice system. Generally speaking, since its establishment, the judicial authority has wielded this procedure legally, corrected and supervised a large number of law cases. It has played historical role in guaranteeing the right of petition and judicial human rights, reinforcing the legal supervision, boosting the judicial fairness. At the same time, with the development of the society, the present retrial procedure exposed its deficiency day by day, such as: the main body diversification, the role compound, the low threshold; the ambiguous reason standard of starting the procedure; without restriction of the principle "the retrial not adds punishment". Some one said that our country's criminal trial was "five infinite": main body, time, trail level, number of times and the appeal and the retrial reason were unlimited. The Supreme People's Court in the national trial supervision working conference brings forward "the implementation judicature for people's thought, construction suing of the retrial" in October, 2003 in Shenzhen. Perfecting the criminal retrial procedure is becoming the hot spot of the current judicial reform. For this purpose, court system has started the beneficial exploration ,The Supreme People's Court unified the reality of the appeal and actual need of the examination of the retrial application, accepted the positive opinion from the law community sufficiently, assumed concrete regulation on start of the retrial condition in《Certain Opinions On Standardizing People's Court Retrial(try out)》,this law has arrived at a positive role in preventing the arbitrariness retrial from getting up. October 1, 2004, Guangdong province Higher People's Court,《the Guangdong province retrial lawsuit interim provisions》being put into effect formally, it took the lead in establishing the "possibly has the mistake" the standard of placing a case on file clearly, and concreting the principle within the whole nation range. We can say that the reform result was encouraging. While, there was a lot of deficiency in practice. This article from carrying on the comparison, the reference with the foreign criminal retrial system, discovering the disparity, reconsidering and analyzing our country's criminal procedure in omni-directional and multi-level, unifying our national condition and the practice, designing out consummate device to perfect the criminal retrial procedure: relocate the guiding ideology of the retrial procedure ,distinguish the retrial procedure between the retrial procedure conducive to the condemned one and the retrial procedure not conducive to the condemned one, standardize the main body, establish the retrial notadd punishment principle...... through reformation ,standardization,perfection andreinforcement the appeal and the retrial job, gradually build the Chinese characteristic socialism adjudication supervision mechanism step by step.