On Criminal Retrial Procedure Perfect

Retrial procedure by named the trial supervision procedure in China's criminal procedures, it refers to the courts retries one case because the final judgment has genuine fault, in order to resolve the conflicts between the certainty and authenticity of the judgment. No matter is to establish the authority of the judiciary or protect the rights of the accused, all closely related to the stability and accuracy of the judgment. As the objective and subjective factors, the court's decision can not be always right, then contradictions between the stability and accuracy is arise, retrial procedure is exactly such a procedure construction of conflicts, it's designed to reflect the value orientation of legislators, it is the legislators on the outcome of many legal value. For a long time, the criminal retrial procedure in China considers the principle of seeking truth from facts and correcting errors absolutely as guiding ideology and regards absolute entity reality as the ultimate goal, but the invariability of procedure and res judicata of the judgment are often neglected. It cause the retrial procedure be started at will if People's Court or People's Procuratorate consider the judgment is mistake, judicial authority and the rights of the parties are not an effective safeguard and protect, criminal retrial procedures can not functions effectively, so reconstruct the criminal retrial procedure is an important issue in the reformation of the criminal procedure.This paper is divided into three chapters. On the basis of theoretical analysis of the criminal retrial procedures, the author analysis of the status of criminal retrial procedures and puts forward a lot of suggestion on the reform of the criminal retrial procedure.The first chapter is summarization of the criminal retrial procedure, including the concept of criminal retrial procedure, the value of criminal retrial procedure and the characteristics of criminal retrial procedure. In this chapter, the author gives the concept of the criminal retrial procedure and considers that the procedure can be stated of mistakes of law and fact. On this basis, the author analysis the basic content and value objectives of retrial procedure, point out that criminal retrial procedure is the value of diversification, the retrial procedures should be pursuit of a comprehensive and balanced value. Finally, the author comparative criminal retrial procedures and the general procedures, the death penalty review procedures and Summarized the characteristic of China's retrial procedure.The second chapter is about applicable status of criminal retrial procedure, the author discusses in detail the shortcomings and the difficulties of criminal retrial procedure from the retrial reasons, the main retrial, the retrial procedures and the appeal system design, it's not difficult to find that in theory and in practice there are many defects, particularly in relation to the specific cases operation, there are many unreasonable restrictions even not relevant provisions. The defects concluded: start of the retrial reason too abstract to inoperable; start the main dislocation retrial, the court filed the initiative retrial violated basic legal principles, and the procuratorates to protest too much; retrial hearing provisions imperfect, jurisdiction is not clear, improper application procedures, retrial unrestricted; appeal system unreasonable, appeals to the main body inappropriate, not stipulated the appeal result issues.The third chapter is about the improvement of China's retrial procedure, this is the focus and the purpose of this article, including analysis reasons of the retrial procedures for defects and improve the criminal retrial procedure reform proposals. At first, the author analyzes the causes of these defects, and pointed out the defects of traditional concept "Seek truth from facts and correcting errors absolutely" in guiding criminal retrial system, although this concept embodies the true justice and the pursuit of entities, for the criminal proceedings, it is inappropriate and impossible. Litigation activities have their own characteristics, in the handling of the case, should not be seen as litigation activities in the understanding, criminal retrial should not be found simply as a tool for real, repeated use procedure will eventually start losing its essential meaning. Then the author made a number of specific recommendations to improve China's retrial system from update the concept of criminal retrial, Criminal proceedings launched retrial, Criminal trial procedures retrial and criminal appeals system.Retrial procedure reform is a complicated project, contains a wealth of legal proceedings and closely related non bis in idem, the protection of human rights and procedural justice. Retrial procedures improve not only requires us to update the proceedings philosophy and change lawsuits, what is more important is to maintain the court's res judicata and protection of human rights, repeated cases should be avoided and China's retrial procedure should truly become a very relief procedure for human rights protection and justice.