Criminal Retrial Procedure To Start The System

The establishment of justice authority and the achievement of the assurance of human rights are also based on efficient judgement which is impartial .so the injustice in the efficient judgement must be corrected . But when thinking of the force of matter adjudged of the efficient judgement and the stability of the process, repeated trial must be avoided .The criminal retrial procedure is the result of the contradiction. Therefore, the retrial procedure is not only the extreme relief procedure to inequitable effective judgement, but also the last defense line for realizing justness. but the realization of this important function depends on the scientific and reasonable starting -up system of retrial procedure. Thus the significance of starting-up system of a criminal retrial procedure can easily be seen , but at present many scholars only still research some concrete questions in this system, and because of the different understanding of "the starting-up", the scholars also clearly have many different viewpoints in these concrete questions ,and even have the completely opposite viewpoints. in view of this, the thesis will, starting from the brand-new understanding of connotation of the "starting-up", does an integrity research to the starting -up system of criminal retrial procedure, and in this research foundation the author will post the defect in starting -up system of the criminal retrial procedure in china, and will put forward my own consummating thought.The thesis is composed of four parts.The first part is related to the theory of " starting-up". In this part, the author will scan the " starting-up" separately from the aspects of semantics, object, relationship between charge and right of action and the character of power.In the second part ,the author, based on the analysis of the part one, separately discuss the idea of starting the retrial procedure ,the proposer and the body who decide to begin the retrial procedure, the important document for protecting the application, the limitation of application and the effectiveness of starting the retrial procedure. And in the process of analysis, the author also put forward many new viewpoints which is different with the traditional.In the third part, the author inspects the current situation of the starting-up system of the criminal retrial procedure in china, and points out the defects in the system.In the fourth part, the author put forward the consummating thought aiming at the defects which have been analyzed in the third part .this part actually is the focal point of the thesis, because the author think that any research should have the significance to the practice of our country ,but cannot only study for the sake of study。...