Analysis Of The Criminal Retrial System

The criminal retrial system in the criminal procedure of our country in that it is of important status in preventing and correcting criminal trial mistakes. Scientific criminal retrial system can strengthen people's confidence to laws and hereby help to build the authority of law. However, there exist many deficiencies in the criminal retrial system of our country. Both litigation idea and concrete procedure are not in good accordance with modern spirit of law, eg. randomness of the starting of criminal retrial, subjectivity of the cause of criminal retrial, etc. In this article, the author attempts to examine the existing rationality of criminal retrial system from its history and analyze its advantages and disadvantages as well as the differences between Chinese and foreign criminal retrial system. Then, after analyzing the problems and shortcomings of now-existing criminal retrial system in China, the author proposes initial reforming on several key points in criminal retrial procedure, in hope to make the whole criminal retrial system develop to a scientific direction.