Study On Criminal Retrial Starting Procedure

The criminal retrial procedure is the re-examination of the trial which is already in force, and also marks the pursuit of the fundamental purpose of the criminal procedure activities. In the progress of the judicial reformation, the reformation of the criminal retrial procedure is really an important measure in protecting the human rights and the dignity of the law. The starting procedure of the criminal retrial procedure is the one which can tell whether the reformation of the criminal retrial starting procedure is OK or not. It has its own elements including the subjects,the legal grounds,the restrictions as well as the periods of the starting procedure. Since the promulgation of the 1996's criminal procedure law, the philosophy of the law of the criminal procedure has changed a lot, especially in the emphasis on the procedure and the protection of the human rights. But, it is a pity that those changes haven't undertook in the criminal retrial starting procedure, neither in the philosophy aspects nor in the legislation of the law. The legislation of the criminal retrial starting procedure is not detail enough, lack of the participation of the parties, and doesn't think much of the protection of the human rights. All of these make our law of criminal retrial procedure unsuitable for the need of the judicial practice.In this essay, on the basis of the criminal retrial starting procedure, we first start from the birth and the development of the criminal retrial starting procedure in the view of the history. After learning the history and the inspiration of the criminal retrial procedure, we come to the know about the meanings,the main elements as well as the starting way of the criminal retrial starting procedure. Then, we begin to compare our criminal retrial starting procedure with other countries, in order to see through our criminal retrial starting procedure as well as knowing the defects of our criminal retrial starting procedure. At last, combination with the world trends of the criminal retrial starting procedure and the judicial practice of our country, we propose the reformations for our criminal retrial starting procedure. In order to rebulid a new system to fit the world trends and our own situation, we should renew our philosophy of the criminal retrial starting procedure as well as the reformation on the legislation and the Judicial practice periods.