The Improvement Of The Criminal Retrial Procedure In A Comparative Perspective

In our country, the criminal retrial procedure is also known as criminal procedure for trial supervision. Its programming not only related to the stability of the effective judgment of the Court, but also related to the protection of the rights of litigants. It should be said, the establishment of the system does play a positive role in correcting the error effective judgment, protecting the national interests and the defendant’s legitimate interests, establishing the authority of the trial and maintaining the dignity of the law. But the effect of running the program in the judicial practice has not been satisfactory. The phenomenon of unlimited appeals and infinite retrial proceedings lead to the disorder of litigation, affected the stability of the effective judgment, judicial costs have risen sharply and seriously affected the image and authority of the judiciary, resulting in a pattern of both the value of judicial impartiality and efficiency all losses. The theory study of China’s criminal retrial procedure is still relative weak at present, many of the major theoretical issues that must be clarified, so, it is necessary to reform the retrial procedure in many aspects and describe the criminal retrial procedure on the basis of relevant nations, analyze the defects of China’s criminal retrial procedure, combine with China’s actual situation, learn from and absorb the useful experience from the foreign countries and put forward some suggestions to improve China’s criminal retrial procedure.