The Reform And Improvement Of Our Country’s Criminal Retrial Procedure

The retrial procedure is a special relief program, its purpose is to correct the court had wrongly entry into force of the referee, in order to achieve the impartiality of the judiciary. Because our country is long-term be" seek truth from facts, mistakes must be corrected whenever discovered " the influence of the thought,retrial procedures focus only the impartiality of the entity, while on the program just has not given enough attention.Too much emphasis on punishment for a crime,but they ignore the protection of the human rights of the accused.Too in the choice of the value of a single option value, not from the perspective of diversified variety of value to achieve a balance.In our country, the start of the grounds for retrial is vague, the People’s Court and People’s Procuratorate are very easy to start in favor of the defendant’s retrial, the defendant may face the risk of being prosecuted at any time.In our country,the parties only enjoy a right of appeal, the defendant in order to start his own retrial is quite difficult. All these and modern rule of law civilization development requirements are not consistent, the reform of China’s civil retrial system has become the academic and practical circles consistent voice. Non bis in idem is an ancient legal principle recognized by the world and international treaties. It is the start of the retrial play strictly production to prevent retrial of any initiated, of great significance to the limitations of national power to prosecute and protect the rights of the defendant. It is necessary to introduce the principle of non bis in idem,and on this basis to improve the retrial system to adapt to the needs of modern civilization. This article is from the five aspects of the retrial of the perfect undertook treatise. First, the criminal retrial procedure and the principle of non bis in idem concept, historical evolution and theoretical basis are introduced, and the analysis of two relations. Then each of the foreign criminal retrial system and the retrial system is studied, pointing out that our country’s retrial in the concept and procedure design deficiencies. Finally, this paper discussed in detail the our country introduces the principle of non bis in idem of necessity, feasibility, and on how to reform and perfect our criminal retrial system put forward his conception.