The Research About Remand A New Trail In The Field Of The Criminal Procedure Of Second Instance

Although it has been addressed in the field of the criminal procedure of second instance in the criminal procedure system, civil proceduresystem and administrative procedure system, the revision of judgment and remand of a new trail is still facing great problems both in theory and in practice in the context of China. In view of such issues, this article attempts to discuss a series of problems that are involved in the revision of judgment and remand of a new trail in the field of the criminal procedure of second of instance.A case may be revised and a new trail may be remanded if its facts are unclear and the appeal procedure is not legitimately followed. However, there exists a series of problems in the field of remand of a new trail itself. For example, the criteria used to judge whether facts are clear may violate the Principle of Presumption of Innocence.The author concludes the paper with a few feasible recommendations aimed to improve the procedure of the revision of judgment and remand of a new trail and achieve better right relief.