The Criminal Retrial Procedure In China

As a part of the criminal procedure, the adjudicatory supervision procedure plays a important part in the criminal procedure of our country. Scientific and reasonable adjudicatory supervision procedure can correct criminal trial mistakes, realize judicial fair, strengthen people's confidence to laws and thereby help to build the authority of law .However, there are too many deficiencies in the adjudicatory supervision procedure in China now. Both basic theory and concrete procedure are not in good accordance with modern spirit of law. For example, the subject of starting of the adjudicatory supervision procedure is not reasonable, the cause of the adjudicatory supervision procedure is abstract, the application times and retrial times are limitless, etc. These problems will affect the development of the constructing of our law country. In this article, the author attempts to use history analyze method and contrast analyze method to analyze the existing rationality of the adjudicatory supervision procedure, to analyze the adjudicatory supervision procedure of some foreign countries and to get some help to our country .This article includes four parts . In the first part, the author introduces the adjudicatory supervision procedure in the past, and analyzes the difference and relation of the countries. In the second part, the author analyzes the development of the Non Bis in Idem principle and the reason that many countries think it as the principle. In the third part, the author introduces the existence of the adjudicatory supervision procedure in China now and gives some deficiencies. In the end ,the author puts forward some reforming ideas as to several concrete questions of the adjudicatory supervision procedure.