Criminal Retrial Procedure Theory

Procedure for Prosecutorial Supervision over Adjudication is the means of relief which retries wrong rules which have come into effect.Its device is to eliminate the contradictions and conflicts between the assurance and the reality of the rules the court has made . Whether Procedure for Prosecutorial Supervision over Adjudication is scientific or not not only concerns the stability of the rules of the court which have come into effect ,but also concerns justice of the power of the punishment and the safeguard of the parties' liligious rights . Whether in the theory or in the judicial practice , Procedure for Prosecutorial Supervision over Adjudication is not only important but also complicate .However, to our country's Procedure for Prosecutorial Supervision over Adjudication ,it has played an important role, but it lacks science and perfect . It results in lots of problems which can't be solved in the judicial practice . So it cant realize its intention. The thesis discusses Procedure for Prosecutorial Supervision over Adjudication from two aspects of both theory and practice as follows:In Chapter One ,it briefly talks about the main countries' Prosecutorial Supervision over Adjudication Regulations of the Two Large Legal Families ,and further compares and analyzes their differences in order to draw some experience from them .In Chapter Two, from the value's aspect ,it discusses the value of Procedure for Prosecutorial Supervision over Adjudication : the realization of Judicial Justice and elevation of Suit Efficiency. The author points out we should rightly reconcile and balance the relationship between Judicial Justice and Suit Efficiency .In Chapter Three, it mainly deals with the concept and nature of the Criminal Appeal .the author advises: that the Criminal Appeal should be changed into Criminal Application Procedure for Review is an important aspect of our Procedure for Prosecutorial Supervision over Adjudication which is both scientific and perfect.In Chapter Four, it deals with the subject and cause of Procedure for Prosecutorial Supervision Initiated. The court has no power of initiation of it. The Criminal Appealers should has the Suit Position and Suit Rights equal to the Procuratorial Organizations. The causes should be laid down and be detailed.In Chapter Five, it mainly deals with the Criminal Check Procedure and Trial Procedure. The author points out the Criminal Check Procedure should be constructed and perfected. The Supreme People's Court has regulated and passed the Provisions of Criminal Procedure. The Provisions of Criminal Trial Procedure is more perfect than before, but there are some shortcomings ,too. After I comment on and analyze it , the author give his own foolish advice.