Research On The Criminal Reversible Procedures

As one of the exceptional procedures, criminal reversible procedureaffects the stability and authority for which criminal procedure purchases,not only on the theory but also on the design of the institution. This articletries to find its foundation, and then to introduce the harmless-error rule.By this rule, we can analyze the problems which exist in the Chinesecriminal reversible procedures. Relating to the legislation and judicature offoreign countries, we could get much useful experience to perfect Chinesecriminal reversible procedures.Criminal reversible procedures may diminish the authority of law,what’s more, it would bring many more difficulties to rights guarding.However, criminal reversible procedures are necessary, because theydenote that the criminal procedure has an open structure. There are twoforms of reversible procedures: normal and abnormal. The way todistinguish them is to check whether it takes orders of its foundation or not.We consider the harmless-error rule as our criterion to criticize the criminalreversible procedures and analyze the problems in these procedures, suchas supplementary investigation, withdrawing the public prosecution, retrial.These problems destroy the foundation of criminal reversible procedures aswell as violate the harmless-error rule. Then, the writer summarizes thecauses of these problems, pointing out that the legislation loophole,in1legality of criminal rules, the thought line of judicature and some factors beside the law need pay more attention.The life of law is not in the logic but in the experience. The criminalinstitutions and theories in occident has a longer history than ours, anddevelop much better. We can supply more useful thoughts to thereformation of Chinese criminal institution by consulting these institutionsand theories. Criminal reversible procedures are very common in mostcountries. By contrasting to foreign countries and considering thelegislation and judicature in China, the writer puts forwards about foursuggestions: firstly, it needs strict and clear principles to confine thecriminal reversible procedures and it calls much more attention on rightsguarding; secondly, it needs to change the "flow-process" style ofjudicature institution to "judge-center "style; thirdly, it needs to findanother criterion system to judge the work of men in judiciary rather thanthe president one; lastly, it needs to fill the loopholes of legislation so as toconfine the power of judiciary on the criminal reversible procedures.