Study Of Criminal Procedure For Trial Supervision

Criminal trial supervision procedure means the court retries one case because final judgment has genuine fault. It is a special judicature aid procedure. It plays a very important role in maintaining the integrity of criminal procedure and in effectively protecting the defendants' legal rights. Our country's criminal trial supervision procedure has played an important role, but several shortcomings have emerged in the systematic design. The retrial pattern of "endless complaint, endless retrial" is severely stifling judicial authority's forming and shaking people's trust and respect to judicature. This thesis discusses and researches our country's criminal trial supervision procedure from two aspects of both theory and practice.In part Ⅰ , it briefly talks about the concept and the characteristics of our country's trial supervision procedure regulated in the current criminal procedure law, in order to exactly understand the intrinsic quality of the trial supervision procedure in our country's criminal procedure.In part Ⅱ, it discusses the rationale of criminal trial supervision procedure. The rationale of our country's criminal trial supervision procedure includes epistemology of dialectical materialism, criminal litigation purpose, criminal litigation basic principle and theory of restriction on powers. The German model can be generalized as limited substantive truth principle and the French model can be generalized as limited punitive power and supremacy of human rights protection. The principle of double jeopardy prohibition is the rationale of the Anglo-American Law System countries.In part Ⅲ, it briefly introduce the criminal retrial procedure regulations of the main countries in the two large Law Systems. The countries of Civil Law System have relatively perfect retrial procedure. Their retrial procedure can be divided into German model and French model. Although the countries of Anglo-American Law System have not perfect retrial procedure, they take remedial measures out of litigation procedure. The thesis further compares and analyzes their differences in order to draw some experience from them.In part Ⅳ, the author rethinks our country's trial supervision procedure, such as, excessively emphasizing on the principle of "to seek truth from facts, to rectify whatever is wrong", the generality of provisions concerning complaint, initiating and trial-tier of the trial supervision procedure and inflicting penalty for the retrial of a case in accordance with the trial supervision procedure.In part Ⅴ,it gives the perfecting idea of our country's criminal trial supervision procedure to the problems in legislation and practice by reference of foreign legislations.