Remand System. Second Criminal Trial

Legislation clauses on the system of remanding a lawsuit for a new trial in China' s criminal actions are glancing. In judicial practice, remanding a lawsuit for a new trial is very optional, having a tend to be heavier, lending to the conflict between the system and the principles of criminal case and the waste of judicial resources. Meanwhile, the system lacks the protection of clients and the accused. It caused a lot of social problems which influenced the steady of the society and the building of harmony society. So it is necessary to make a deeply analysis on remanding a lawsuit for a new trial system in all respects, helping us to improve the system.The essay has five parts:The first part is the abstract of remanding a lawsuit for a new trial. This part simply introduces us the concept, characteristics, function, signification and some legislation clauses on the new trial system.The second part analyses defects of the system. This part tells us the defects of four new trial system in the aspects of theory, legislation and the protection of the clients in details.The third part deeply analyses causes of defects of the system. It concerns about the application of judicial practice and investigation and collecting the evidence of the court of second instance.The forth part introduces lawmaking stipulations on the new trial system in some countries of the two main legal systems. This part introduces us the legislation in the two main legal systems in details. We can improve out system by comparing with them.The fifth part shows measures of reform and reconstruction of the system. This part makes a detailed explanation on improving the system of remanding a lawsuit for a new trial.