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Recarch On Criminal Retrial Proceduer

Posted on:2013-08-03Degree:MasterType:Thesis
Country:ChinaCandidate:H M ZouFull Text:PDF
GTID:2246330374969957Subject:Law
Abstract/Summary:PDF Full Text Request
As a part of the criminal litigation,the criminal retrial procedure plays an important position in it, It is also called " extraordinary relief program"、"error correction program"、and "special procedures". Retrial procedure was named the trial supervision procedure in China’s criminal procedures, it refers to the courts retries one case because the final judgment has genuine fault. The currently criminal retrial procedure system in our country takes the "principle of seeking truth from facts" and "all wrongs must be corrected" as the guiding idea which pursues substantive justice and emphasizes the error-correcting function.the lack of necessary self-control to criminal prosecution right. The present situation of the result in the criminal retrial is, on the one hand, the parties are still not satisfied with the final referee, so that "final don’t end"; On the other hand, frequent start retrial to cause the res judicata of the final decision is not be guaranteed, judicial losts authority. Neither the design nor the operation of the retrial procedure can reach the original intention of legislation. Now the new criminal procedure law is in the basis of summary of judicial practices,In line with the litigation in the judicial organ of power allocation, such as equal emphasis on principle of insisting to punish crimes and protect human rights, the criminal procedure law is"overhauled", and "respect and safeguard human rights" is written to the general. Although new criminal procedure law were also complement and develop the trial surveillance program, there are still many defects and shortcomings in the system.Therefore, according to the current problems in the criminal retrial, the author combines with the new criminal procedure law content, especially connects with work reality of her own Supreme Court seat and the entire district courts, produce further idea to develop the criminal retrial.The report reviewed six parts, it is about25000words.It proposed reforms of retrial procedure and writing ideas of this report in the introduction.This paper will be divided into three parts including the introduction, the text and the epilogue. The main body of the text will propose to reform and develop ideas through comparison with foreign retrial procedure and the existing problem of discourse analysis of the criminal retrial procedure in our country.The first part of the text is the criminal retrial outlined, including the concept characteristics and the necessity of the criminal retrial. to summarize the meaning of the criminal retrial from theorize and the scholars, Chinese trial supervision program is the retrial procedure.The second part of the text is to compare Chinese and foreign present situation and program design, through present situation and system design and analysis between the common law and civil law criminal retrial system, to reach our country’s criminal retrial stress to the "entity real"The third part is to find the disadvantages of China’s criminal retrial procedure on the basis of the analysis from the second part. Mainly through the summary data of the work, It will be stated from four aspects. That is the criminal retrial of value concept、start optional sex、strong administrative color、 retrial still cannot endThe fourth part is the idea to develop our country’s criminal retrial. it is the focus of this paper, the auther’s writing purpose too, From several aspects such as updating ideas of the criminal retrial、starting and trialing,in order to develop the retrial system in our country and puts forward concrete suggestions.Epilogue puts forward to the hope of developing the criminal retrial...
Keywords/Search Tags:criminal retrial procedure, adjudication supervsion procedure, deficiencies, development
PDF Full Text Request
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