On The Perfection Of Our The Criminal Retrial Jurisdiction System

As the impact of various object factors exsit,mistakes can not be avoided in the criminal proceedings.However,as time gose by,the truth of the case will come to the surface so that modificationg of summary justice becomes necessary and important,which creates retrial system. Retrial System as an important part in the retrial process,it plays an important role. Current Criminal Procedure deal with the case with the provisions of a new trial, the trial shall be composed of a new collegial panel. If the result is the first instance,the trial shall be in accordance with the same procedure of first instance trial, the result can be appealed or protested; if the result is the second instance, or the higher court dealed, the case shall be deal with the procedure of second instance, the resut is final ruling. The existence of such a requirement was unreasonable. Retrial by the same trial court, the parties distrust exsit; retrial case of the "two trial" system, as the same as,it waste lot of judicial resources. Therefore, reform of the t retrial system, the superior courtdeal with the retrial cases, If the result made by the Supreme People's Court, the Supreme People's Court should still deal with the case. At the same time, "the first trial final" system should be set..This article includes four parts:The first part is an introduce of concepts. This section introduces the research background, research status and related concepts.The second part introduces the problem of criminal retrial jurisdiction, including the retrial court is not clear, the difficult of self-denial, the lacke of the necessary authority, and other problem of legal issues raised.The third part introduces the various issues under the jurisdiction of the causes of the retrial, mainly related to the immaturity of legislative technique, two-tiered system of values and guiding role of substantive justice in three aspects.The fourth part describes how to improve our jurisdiction system retrial. Related to extra-territorial provisions of reference, and contact the rules of civil jurisdiction,last,introduce the way of how to improve China's criminal retrial regime.