Rehearing

In recent years, the malpractice of the remanding rule of a case to the original court for retrial exposed in some typical cases has attracted more and more attention among theorists and lawyers. Improvement and reconstruction of the remanding rule have been an important part of the treatises of the scholars who propose to re-amend the 'Criminal Law'. Objectively speaking, the remanding rule of a case to the original court for retrial does have an active effect. However incompleteness of legislation and improper operation of justice tamper with this active effect and have many malpractices. It is imperative to improve and reconstruct the remanding rule of a case to the original court for retrial.This dissertation consists of three parts: introduction, main part which is made up of five parts and conclusion.The first part is about the concept and the characteristics of the remanding rule.In the second part, a brief introduction about the current legislation of the remanding rule of a case to the original court for retrial of China is made and its characteristics are analyzed.1. Reasons for remanding are various and no limits about the times.2. Judges have the right to apply the remanding procedure or not.3. Ruling of remanding can be applied to both ordinary relief proceedings and special relief proceedings.4. Cases of public persecution and private persecution can all be remanded because of illegibility of facts and lack of evidence.5. All the remanded cases must be sent back to the original court.6. During remanding, persecutor can withdraw the accusation and the procedure may be sent to the procuratorate or the police.In the third part, a deep and meticulous analysis is made about the limitation and the malpractice of the remanding rule.1. The standard of and the reasons for remanding. On one side, cases can be remanded just because of illegibility of facts and lack of evidence, which violates some basic principles of criminal litigation such as: 'presumption of innocence', 'neutrality of judge' and so on and also breaches the system of the...