The Remanding Re-trial System Research On Criminal Appeal Trial In Our Country

The criminal appeal trail in the course of the retrial is point to the criminal procedure, there will be court of first instance substantive or procedural problems without the effective verdict revoked, back to the court for a new judging. The criminal appeal trial plays an important role of the criminal procedure law of our country as an important system for the judicial justice. The second instance court to review the case through comprehensive, the court found that the substantive problems existing in and procedural problems, revocation problems of inactive verdict and the existing problems of the case back to the court review. Through the second retrial, it can monitor the first-instance court judge activity, ensure the constraint of the court of purpose, make the court in the process of the lawsuit strictly carry out the provisions of the trial program, responsible for the case facts of the author, ensure that the results of the trial and fairly, this is also the retrial of criminal trial of the existing significance and value. Through the second retrial, also maintained the second instance as the final judger, safeguarding the right of the defendant on, to ensure that the second instance court cases of comprehensive review, not become a mere formality, to found illegal and procedures of the entity illegal the case, the court of second instance shall be according to the relevant provisions of the criminal procedure law, processing or directly retrial, or in the basis of ascertain the facts adjudged.Firstly, this part is from the concept of the criminal appeal retrial legal, we introduce the feature of retrial of criminal appeal trial, make you more clear understanding of the retrial of second instance conditions, and the reasons and legal theory, etc.Secondly, this part is introduce the new trial system through the common law and civil law of criminal trial, and the then transverse comparison of our country to criminal retrial system, find out the difference among the new trial system similarities and differences of other countries, so as to summarize the other countries in the system suitable for China’s national conditions of part of our country, announced the new trial system on the reasonable transformation.Again, this part analysis our criminal appeal trial of the through new trial system existence problem, introduced the trial of the main problems of retrial, makes people more profound understanding to this system reform reasons, it is just play the advantage of this system. Then analysis the main problems in the course of the retrial of causes, introduces in detail the factors, traditional thought level judicial aspects of the factors, and the judge assessment system of the long-term existence scientific factor that makes us recognize the shortcomings of the system, so as to make the good foundation of a more reasonable design of the system.Finally, this part introduces a reasonable design of the new retrial system in China’s criminal appeal trial, including our country to build criminal appeal retrial of the new trial system of judicial philosophy, and specific measures. Through the theory and practice of reform, to achieve perfect our country’s criminal trial of the purpose of the new trial system, make this a system play more important role in maintaining social stability and judicial justice.Although our country’s criminal appeal trial of the new trial system some problems still exist, such as the retrial of reason and standard is not clear, the court vulnerable to the influence of the thinking of habitual, review procedures such as chaos, but I believe, by the experts and scholars of effort, the situation will improve. By the analysis of this paper to, can make the scholars for criminal trial of the new trial system is a more sober understanding, find out the deficiency of the current system and constantly improved and perfected.