Analysis The Retrial Procedure’s Start

This paper focuses on the system of retrial proceedings. By comparison with other countries in thecontinental law system, focusing on how China is more scientific and reasonable setting system ofretrial proceedings. This paper mainly adopts literature review, case analysis and comparative analysismethods. The whole thesis is divided into six parts. The first part of the proposed special reliefprocedure is the result of effective judgments containing errors and case for a new trial procedure,special relief procedure is generally divided into the retrial procedure and appeal procedures, throughthe trial of retrial procedure in China and points out some problems in the practice. Second part focuseson application and reason for retrial reason comparing among Japan, Taiwan, France and Germanyretrial initiating system., The third and fourth part is the key part of this paper, firstly, it introduces themain legal provisions of China’s current retrial reason, subject to court, the trial committee and thepeople’s Procuration, The main reason for the new evidence、The evidence does not reach the standardof proof、the evidence is illegal but has not ruled out、the procedure illegal and unjust cause judgment、error in the application of law and the judicial personnel duty crime, through legislation and othercountries of the mainland legal system compared, a detailed explanation of the reason of retrialprocedure, and points out the shortcomings of our country’s retrial procedure reason for existence. Thefifth part, in view of the deficiency of our country’s retrial procedure system puts forward improvementmeasures, the legislation should pay more attention to the special nature of the retrial procedure, and todistinguish between favorable and unfavorable retrial procedure of the defendant; increasing the retrialprocedure review program; And setting up the retrial procedure’s prescription.The sixth part, specifythe order between the main appeals; And limit retrial right;...