On Reform Of The Criminal Retrial Procedure

In China, we consider the purpose of criminal proceeding as punishing crimes and protecting human rights. The both aspects are opposite and dependant on each other as well. The punishment of crimes and the protection of human rights show the seeking of substantative truth and process of law ; when there is a conflict between substantative truth and process of law , it is right to choose process of law. Two kinds of deep conflicts are contained in our country' s adjudicator}' supervision, that is .the conflict between the principle of "to seek truth from facts, to rectify whatever is wrong'" and the steadiness of efficient adjudication and the conflict between enlargement of adjudication supervision power and exercise of litigious right and disposing right of the parties. That is there is a conflict between substantative truth and process of law . As to the reform of adjudicator}7 supervision system, the author puts forward that the court' s power of determining the adjudicator}' supervision procedure by authority should be abolished, the procuratorate' s authority of instituting the adjudicator}7 supervision procedure through lodging a protest should be restricted and the party' s right of applying for adjudicator}' supervision procedure should be perfected.