From The Hu Dianjie Murder Case Retrial System In China

As our criminal trial is an important lawsuit system,The retrial was the superiorcourts exercise judicial supervision power is the most direct, the most specificmanifestations.The system is not only reflected in China’s criminal procedure lawprinciple of second instance being the final instance, seek truth from facts, but alsocarry out the mistakes must be corrected whenever discovered the political policy.Itsmost basic function is to the litigant’s rights to relief, in order to ensure theimpartiality of the judge.But in recent years, along with the theory and practice ofprocedural knowledge is ceaseless deepen, system of this question is quite much also,for the system of derivative problems also have a deeper understanding, and proposesa lot of reconstruction and improvement assumption.In this paper, through theanalysis of the case method, on the basis of the facts in the case of intentionalhomicide, for Hu Dianjie to conduct in-depth analysis, summarized the retrial systemin the judicial practice operation situation and negative effects, and the reflection onthe system, and then put forward the tentative idea of the system, in order to betterserve the China’s judicial practice.This paper consists of introduction, text, conclusion of three parts, about19000or so words, the text is divided into the following four parts.The first part is a brief introduction of details of a case. This part mainlyintroduces Hu Dianjie of intentional homicide case and the judicial activities lastedfor nine years, will be the case cause, process, as well as the temporary state madeclear, this thesis after parts of the paper lay foundation in fact.The second part is the case of thoughts. This part is based on the thoroughanalysis, get some thoughts, mainly by the failed to reflect the principle ofpresumption of innocence, the lack of human rights protection, optional sex is toostrong a remand, can effectively correct the errors in the retrial, retrial times too much and consists of five aspects, summarizes the case lasted for9years in the process ofsome existing problems.The third part is our country current retrial system reflection. This part mainlyintroduces the current retrial system reflection, by our country current retrial systemof our country, the current retrial system problems in two parts, and our countrycurrent retrial system problems including the concept level problems and specificsystem level problems are integrated and into.The fourth part is our country current retrial system. As the last part, focused onthe case were summarized in this paper, through analyzing some solution to thecurrent problems of idea, advocated in the retention of the system under the premise,should emphasize to improve the system. Only to be updated from the idea, but alsofrom the system to be standardized, from philosophy level perfect and specificinstitution improvement is composed of two parts, which can effectively improve thecurrent retrial system.