Quite Research Of The Sino-German Re-Trying Procedure System Of Criminal Activity

As a kind of special judicial relief,the re-trying procedure corrects those improper effective adjudications.The judicial practice of many countries proves that no matter how perfect a country's criminal prosecution programming is,wrong judgement will also happens sometime. Therefore,it is of essential significance on correcting the wrong judgement that has become effective,the target of criminal prosecution,as well as the realization of the laws,even though criminal re-trying procedure does not have universal serviceability as other normal procedures.And this system cannot be substituted by the appealing system.Pay more attention on valuing various values of the laws,when establishing criminal re-trying procedure system,especially on dealing with the relationships of the stability(Rechtssicherheit) and fairness of law(Gerechtigkeit)."International Covenant on Civil and Political Rights"of the United Nations and the "ne bis in idem" principle of EMRK should be valued seriously.The Law of Criminal Procedure revision is being discussed in China at present.The criminal re-trying procedure,which is an important component of Criminal Procedure,has many problems in the legislation and the judicature.For example in China,on the influence of sectionalism, prosecution is just use as a tool on attacking the crime and protecting national safety as well as the tool on keeping society harmony,while ignore the protection of the suspect and the defendant's right.The guiding idea and the value system of the laws of Prosecution is "seeking truth from facts and correcting any wrong judgement",however,not enough attention is paid on the fair jurisdiction,"ne bis in idem",as well as the protection of humen rights.At the meanwhile,these conceptions are not collected in the base principle of the prosecution laws.So as we know,the concept of lawsuit is falling great behind in china now.Under this situation,lots of problems is existed in setting and operation of the re-trying procedure system.In 1998,China signed "International convention of Civil Rights And Political rights" of the UN,then,the new request appeared in China criminal justice system's reform,as the statement of guiding principle on manages state affairs according to law,the human rights enter the constitution,and the set of construction socialism harmonious social objective.Reforming the criminal re-trying procedure system which is an important part of criminal justice system,in adaptation to the nowadays situation,becomes a vital and urgent task in the Chinese theorists and practical realm.Criminal Procedure in Germany has already developed quite perfectly, specially the criminal re-trying procedure system at present,and has many aspects that China might use for reference.This article attempts to compare the Chinese criminal activity re-trying procedure system with the German criminal activity re-trying procedure system,and find out the flaws that the Chinese criminal activity re-trying procedure system exists,in order to restructure Chinese criminal activity re-trying procedure system under China's actual situation.