On Criminal Fact Retrial System

From The Institutional perspective, the thesis discusses how to build criminal fact retrial system, elaborates specific rules of the fact retrial system in two law systems, which plays important roles in preventing and correcting the injustices. Criminal fact retrial system of the civil law is for factual errors; and the extraordinary appeal is for legal mistake. The factual and legal errors were rectified by retrial system due to the comprehensive principle. Which was not systematic, institutionalized in trial practices and has little effect.This article made a preliminary investigation on the foreign facts retrial system, evaluate our facts retrial problems and try to establish independent procedure. There are four main parts in this article. The first part made a brief introduction of the meaning of the fact retrial system and analyses the value. In the next part, describes the representatives of civil law and the common law countries which are under the different legal systems. The third part assesses the current legislative situation of China’s retrial system and points the existing problem. The last part was related to on how to create a fact retrial system.There is a function bias on the orientation of the retrial procedure. Its main function is to correct the injustices, but this was not clearly embodied in the legislation; factual review was not separated from the legal trial; the relief role wasn’t fully developed in the complaint procedure. The defendant often suffers a lot from repeated prosecution and infinite retrial, which deviated from the original intention. Criminal fact retrial system was designed to avoid the unjust cases, it also is a special relief mechanism to rectify the operative referee and plays an indispensable role in the interests of justice. In this thesis, I evaluate our fact retrial procedure compared to the foreigners’, and then made a preliminary analysis of the foreign fact retrial system and then give the conclusion that we should try to establish the independent criminal fact retrial procedures in our country to maximum the rectifying, safeguard the legal rights of the citizens.