The Criminal Retrial Procedure In China

The establishment of the justice authority and the achievement of the assurance of human rights are also based on efficient judgment which weighs correctly the penalty. So the mistakes in the judgment must be corrected. But, think of the positive effect of the judgment and the stability of the process, repeated trial must be avoided. The criminal retrial procedure is the result of that contradiction. The criminal procedure in China remains as to pursue the substantive justice, and the stability of the process is neglected. It cause that the retrial procedure be started at will. So reconstruct the criminal retrial procedure is an important issue in the reformation of the criminal procedure.The thesis is composed of five chapters, about 55,000 words.The first chapter is summarizing of the criminal retrial procedure. The author gives the concept of the criminal retrial procedure and considers that the procedure can be started for mistakes of fact and law. Compare with the other procedures, the criminal retrial procedure has four characters: remedial action, legal starter, strict starting condition, and special trial objection..In the second chapter, the author discusses the theoretical principles and the values of the criminal retrial procedure. The theoretical principles are the epistemology of dialectical materialism, the notion about jural true, and the principle that no one is punished trice for the same offense. The values of the criminal retrial procedure are safeguard the human rights at the same time of discover the fact, and pursue efficiency after pursue justice.In the third chapter, the author inspects the current situation of the criminal retrial procedure in China, and points out the defects in theory and in practice. The theoretical defect is the conventional thought that all wrongs must be corrected. The defects in practice are concluded from a number of facts as following: the defect in procedure of appeal, the defect of the prosecutor-protested retrial procedure, the defect of theretrial procedure started by the court, and the defect of the reasons of the retrial procedure.In the forth chapter, the author compares with different countries, and summaries the primary characteristic features of the criminal retrial procedure.In the fifth chapter, the author thinks of how to amend the criminal retrial procedure in China. This chapter is the focal point of this thesis. For the purpose of got out from under judicial practice, we must recollect and reconstruct the system info and the practice system. More specifically, we must establish the directive thought that confident true and correct errors lawfully. And on the base of it, reconstruct the criminal retrial procedure. The reconstruction is composed of four parts: the reconstruction of appeal procedure, the reconstruction of prosecutor-protested retrial procedure, the cancel of the retrial procedure started by the court, and give the right of investigation on the apply for a retrial to the court.