The Reform And Improvement Of The Criminal Retrial Procedure

The criminal retrial procedure is an important relief procedure,concerned the value conflicts of the justice of result and procedure,the justice and efficiency of criminal proceedings as well as the realization of the nation penalty power and guaranteeing human rights.Examine the present lawmaking condition of the criminal retrial procedure,many shortages exist,as one hand,thousands of retrial litigations exist,entity justice can't realize, the satisfaction of public is low.as another hand,the multifarious starting of the criminal retrial procedure undermines the final instance,by way of this,the criminal retrial procedure causes the research,the Forerunner and mature system of the foreign states give us beneficial material.The thesis includes five parts.â… ,introductory of criminal retrial procedure.Involve the concept and characters as well as the value conflicts.And simple introduces the foreign system.â…¡,the present condition of Chinese criminal retrial procedure.First introduces the instruction thought and lawmaking condition,second,Analysis's supervision by the states and the appeals of people.â…¢,Elaborate the adjudicate against Chinese criminal retrial procedure of Scholars.they discuss their opinions from the following parts:judgment against instruction thought, judgment against starting,judgment against reasons and judgment against the existent,the reform of Chinese criminal retrial procedure has become the Consensus.â…£,the important part is the thinking of present condition and the discusses among scholars.First,analysis the absolute influence of continental law and common law.Think that under the sound legal system,the continental law is so trusted that the principle of Non Bis in Idem is applied;the common law is an adversary procedure,pursuing result justice from procedure justice,so the rule against double jeopardy applies,second,analysis the Necessity of Chinese criminal retrial procedure,think that the Chinese criminal retrial procedure not only don't realize the result justice as continental law but also don't attain the request of procedure justice.,so we not only can't apply the principle of Non Bis in Idem but also impel the rule against double jeopardy.â…¤,the key part is the reform and improvement of Chinese criminal retrial procedure.It is in divided into two routes:the retrial in favor of the defendant and against the defendant,if is the former,we should have regard for both the justice of result and procedure,in addition, allow the extensive involves;if is the latter,we should establish limited Non Bis in Idem,and make strict law in starting,reason The reform and improvement of the criminal retrial procedure,register and process and so on.