On The Second Instance The Remand System

Sending back retries a case is a very important parts of appeal instituations of procedural laws, which basic function is to protect again the ligitant's right and ensures fair of justice. As a kind of procedure instituation ,it is not only concrete embody of carrying out the two examines trials in final ,but also a means of the higher court supervising over the lower court.People have know more its values. The author undertaked a lot of the second trial cases as a intermediate court's judge ,has come into one's own thinks. The article analyses the system problem living in judical practice, which reasons lead to and come up personal advices through probing the system of retrial with a way of practice and theory ,in order to enhance people procedural consciousness,and guides more better judical practice.The article divides into five parts.Introduction.Part one: introduce the conception, characters;jurisprudencebasis and values of sending back retries a casePart two: introduce in brief sending back retries a case in some country,such as America, Britain Japan German, France and Taiwan region and legal history of our country,induce and compare them differents in order to select the essence.Part three: make a detailed elabrate problems,and reaons lead to and put forward some ways to resolve them. The author thinks we should make a more perfect relative legal instituation ,make a standard of retrial case,giving the ligitant right of procedural selection,remeding the system to assess judge proficiency and norming the righe of discretion of judge and so on.Part four: the conclusion.