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On The Use Of Criminal Second Instance Retrial To Be Used With Caution

Posted on:2015-06-18Degree:MasterType:Thesis
Country:ChinaCandidate:Y WangFull Text:PDF
GTID:2176330422975641Subject:Procedural Law
Abstract/Summary:PDF Full Text Request
In2012, the second amendment of the Criminal Procedure made substantial revise andimprove for the system of sending back retries of the court of second instance. It conforms tothe voices and requirements of the criminal procedure community and clearly stipulates thetimes of criminal retrial for the only one time. However, the transformative process of theremanding retrial in the criminal appeal trial can’t be seen as an isolated process. In theapplication of the re-trial in the criminal appeal trial, the amendment and improvement of theNew Criminal Procedure is only to establish a legislative foundation for the function of thesending back for retrial procedure, and implement the legislative spirit and legal system really,The writer thinks the premise is that the remanding retrial in the criminal appeal trial must becautiously used. The cautious use is that the process of applying the remanding retrial must beregulated and limited strongly. Therefore, the paper tries to propose some practicalsuggestions about the cautious use of remanding re-trial, which is from the view of thecharacteristics and cautious use value of the remanding re-trial, according to draw the lessonsfrom other countries and regions. Also, it analyzes the reasons of insisting on the use ofcaution in the process of applying the remanding retrial in the criminal appeal trial. It expectsto cause the readers’ attention and consideration about the specification applies of this systemand to maintain the values of the procedural justice of law and judicial justice.
Keywords/Search Tags:remand, caution, procedural justice, responsibility doctrine
PDF Full Text Request
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