Criminal Retrial Procedure Reform

Retrial procedure means the court retries one case because the final judgment has genuine fault. From the historical perspective, in order to pursue the maximum substantive justice, criminal retrial has been given much importance in China all the time. Comparatively, there are many differences between western world and China in theory basis and system construction.Modern continental law countries generally inherited the ancient Roman principle of "non bis in idem". At the same time, based on the purpose of protecting human rights, the continental law countries establish special part, chapter of article to stipulate the retrial procedure in criminal procedure law. On contrast, due to the tradition of respecting individual freedom and according to the "rule against double jeopardy", Anglo-American law countries do not clearly stipulate the relieve procedure benefiting the accused.We have our own rationale of criminal retrial procedure, which in generally includes the epistemology of dialectical materialism of Marxist philosophy and substantive truth doctrine of procedure law theory. Therefore, people pay more attention to the discovery of substantive truth than to the invariability of procedure and res judicata of the final jurisdiction. This theory brings a lot of problems to the criminal...