Criminal Retrial Procedure Body

With frequently exchanges of the rule of law and culture between china and western countries, it has been greatly improved the awareness of law and open up the view. To punishment of criminal, while also asking for protection of human rights. Most of the civil law countries established a relatively complete system of criminal retrial system. And to start the criminal retrial procedure, mostly developed countries formulated that are caused by the Court passively. In contrast, there are definitions in our proposer of the setup of Criminal Retrial procedure. It’s go against with rule of’no suit, no accept’ and ’trial neutrality’. The start of the Criminal Retrial procedure is duty to people’s courts. To safeguard their own interests as well as the court’s social credibility, some cases should be retrial but not in parts of the court for judicial practice at the grassroots level. It’s contrary to the original intention of the establishment of the error correction of retrial, exposing that the existing criminal law have definitions in the proposer of the setup of Criminal Retrial procedure. In addition, It’s so powerful to start the criminal retrial for People’s Procuratorate, so it is easy to produce the abuse of the rights. We analyzed the definitions of the criminal retrial to start with a case. We learn from Western developed countries, and I concept to use its essence to reform and improve the proposer of the setup of Criminal Retrial procedure.