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Study Of The Criminal Retrial Procedure

Posted on:2006-04-06Degree:MasterType:Thesis
Country:ChinaCandidate:L YangFull Text:PDF
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Retrial procedure means the court retries one case because the final judgement has genuine fault. In the procedure, the different provisions of the criminal retrial reflect the choice of multiple values in different countries. According to the principle of "non bis in idem", modern continental law countries show the supremacy of protecting human rights of the accused, pursuing and maintaining the supremacy of the judicial power. Due to the "rule against double jeopardy", Anglo-American law countries emphasize to protect human rights of the accused. Therefore, in pursing the substantive truth, most countries do not hope earnestly to thoroughness, but incline to protect the human rights of the accused and opposite substantive truth. These countries intend to quest for both sides of the judicial authority and judicial efficiency.For long time, according to the principle of "to seek truth from facts, to rectify whatever is wrong", our country inclines to pursue the exhaustive substantive truth and punishing crime. And this principle is very important to correct criminal trial mistakes. But at the same time, our country's retrial procedure neglects the human rights of the accused, the judicial authority and judicial efficiency. This does not fit with modern rule of law spirit. This article expatiates the main problems of rationale and institution establishment concerning criminal retrial procedure in china. Combining the practice of our country, we should establish "non bis in idem" principle, and reestablish the criminal retrial system so as to unify the multiple values perfectly in the criminal retrial procedure.
Keywords/Search Tags:criminal retrial procedure, principle of "non bis in idem", choice of criminal procedure values, institution reestablishment
PDF Full Text Request
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