Perfection For Our Criminal Retrial System

Chinese current retrial system has many defects. In legislation, legislators pay too much attention to substantive justice. We need to seek truth from facts, mistakes must be corrected whenever discovered. Under the guiding ideology, failed to give full consideration to the final judgment of res judicata, human rights for accused person’s protection, procedural justice issues such as. In the judicial practice, also exposed a lot of defects, such as the retrial procedure the right set of confusion, subject to initiate questioned, start the reason unclear, under the jurisdiction of the court rules is unknown, the time and number to start the retrial is unrestricted, retrial judge results no limit etc.From the entity, the pursuit of substantive justice, mistakes must be corrected whenever discovered, this no ground for blame. But also cannot ignore jurisdiction of res judicata, judicial authority, the efficiency of litigation, procedural justice issues. This is the pursuit of substantive justice phenomenon should be improved.From the procedure, the right to start the randomness is too large, the court of retrial initiative for more and more people are criticized, no time limit, the retrial again challenge the second instance as the final, also make more and more case final not final. These problems have shown us the perfect retrial system in the direction of.This article from the retrial system and res judicata theory problem, and in the understanding of our criminal retrial system on the basis of legislation, through the analysis of China’s current retrial system legislation flaw, combined with many defects that the practice has exposed, the analysis of these defect causes, and attempts to correct, make up for the deficiency, in order to perfect our current retrial system.