Criminal Retrial System Research

Retrial system is to point to a higher court thinks the lower court judgments and orders of the facts is not clear, insufficient evidence or certified that the factual errors or illegal legal procedures and partiality, ruling to revoke the case remanded to the judgment court, by its new collegial panel on trial for the system. Because our country for a long time "heavy entity, light program" the influence of traditional ideas, the judicial personnel have been lack of procedural justice, innocent presumption of the concepts, this to our appeal in retrial implementation of the principle of "no aggravating punishment certain obstacles. In addition, and because of this system in our country legislative regulations exist some defects in practice, leading to the second instance court abuse of power buck-passing situations sometimes occur, makes this system operation and set up the original intention of dreams. This article from the retrial system based on the conception and legislation, adopt the combining theory with practice, the way of retrial system itself, the legal character and legislative defects made a more detail, and through to the judicial practice, the main problems existing in the new trial system in practice abuse harm and the reasons are analyzed, then pointed out that should constantly improve the system, in order to make it exert function..This paper by the preface, text and epilogue 3 major components, including the text and is divided into four parts.The first part is criminal criminal retrial system was introduced in this paper, the concept of system, the legal characteristics and litigation function. This section first instance from criminal retrial system concept, combined with judicial practice retrial necessity, leads to a new trial system, combining with the purpose of setting up the new trial system in judicial practice analyzed the role of our country's criminal procedure of the traditional concept of influence. At the same time for scholars for retrial system of different understanding and debate, leads for retrial system has the necessity of exposition. And the retrial system makes a detailed analysis of the legal characteristics, thus which lead to this one system contains three aspects litigation function and help for retrial system of preliminary understanding.The second section describes the retrial system legislative situation and characteristic. This part of the detailed list of our country's criminal procedure specific rules and expatiates, analysis, thus draws the legislation of China retrial system features, and in particular to these legislation bases on the analysis of the general summary. The criminal procedure law of our country expressly provides that:second trial judge facts are not clear or the evidence is insufficient, can choose retrial, also can choose directly adjudged; Find first-instance program errors, some must retrial, others discretion retrial, The trial judge when retrial to avoid, and recalculating the trial period. The author thinks that our country's criminal procedure of retrial system roughly has the following characteristics:1, the judge whether to apply retrial has options,2, the retrial of reason broad, Three, all the retrial of court cases are returned to the judgment, the court of the new collegial panel to reopen,4, based on the provisions of laws, retrial there may be multiple trial; 5, for an appeal is concerned, the result of retrial procedure that exist only in the second instance,6 and the retrial of ruling with final sex. Through this part of the paper in our country, this system has been further deepen understanding, and the defects of legislation in our country have preliminary understanding, for the third part of the further discussing buried a foreshadowing.The third part focuses retrial system in our country's judicial investigation. This part of the first expounds the system in judicial practice in China and discusses the performance of retrial system legislation has with the principle of "no aggravating punishment appeal of conflict, retrial case standard is not specific cause too wide, the retrial of term frequency trial to defects such as ambiguous, and the practice of abuse retrial harm on criticism, think the retrial of abuse can lead to lead to judge circulation, reduce the efficiency, violated the defendant's legitimate rights and interests, defeats judicial justice, weaken the sentence stability, lossy judicial authority and so on. Finally, to practice lends itself to abuse reason of judicial and legislative layer conceptional level analysis. Through the discussion of this part of the system can understand China's existing main problems, and make its cause of formation, have comparatively thorough understanding.The fourth part explain for retrial system reform and perfect. The author advocates through should not only in the reconstruction of system of perfect the system, and should in judicial ideas, absorbing the world of rule of law update ideological, enhances our country judicial personnel's quality. Specifically, on the idea, we must build up human rights and procedural justice and be helpful for the defendant principle thought. In establishing system, through the strict limit retrial can additional punishment situation, redefining the retrial of reason, establishing wake populaceup retrial system, a clearly defined play review times and deadline, clear retrial procedure, and using common trial court appeal shall be prescribed again, Set the retrial of party option, abolishing the retrial procedure of retrial, these six aspects to perfect our country retrial system.