On The Improvement Of Reconstruction Of Criminal Retrial Procedure Of China

The criminal retrial procedure is the most important part of the criminal Prosecution.It’s concern with the justice and the standard of the ad judgment. and this procedure is alsocalled the trial surveillance program in China. It is applicable when find effective referee orapplicable law has some errors. Relative to the appeal procedure, the object of the Criminalretrial procedure is the effective referee. So, the Criminal retrial procedure is regarded as avery relief program.In recent years, some of the wrongs by criminal retrial procedure is correct, theinfluence of major cases have She Xianglin case, zhao zuohai case and Du Peiwu case. Therole of the criminal retrial is more obvious. However, these being rehabilitated after years oreven decades, these people is lucky, because a new evidence to prove that they are not theperpetrators, the start of the retrial procedure are also very active and smooth, to a certainextent, embodies the fairness and justice of law, however, the nature of the crime of severecases of relief is not criminal remedy mechanism itself the product of the positive role, butrely more on resurrection "wife","those arrested" and other factors. These cases arecompelling, in addition to the defendant be convicted incorrectly, or because it reflects thecriminal retrial procedure in such aspects as start facing many problems, which you can see,we will face some unknown misjudged cases and grievance, so, to the huge relief becomesvery urgent, and the purpose of the criminal retrial procedure is to error correction, based onthis, will go into our criminal retrial procedure reform is a big problem. I think to perfect ourcountry current criminal retrial procedure must analysis the problems existing in the criminalretrial procedure, only clear the problem, to point out the necessity and possibility of theprogram reform.exist some disadvantages, to solve these problems, explore the crux, on the basis of theunderstanding of the reason, draw lessons from foreign theory and system and combined withthe actual situation of our country, put forward the corresponding perfecting suggestion. Inthis paper, besides the introduction, which is divided to explain.The first part of the first is a clear definition of the concept of criminal retrial procedure, characteristics and significance, the second is to analyze the value of the criminal retrialprocedure, first pointed out that contains the content of the criminal retrial procedures ofinterests, especially the importance of the interests in the modern concept of retrial procedure,for the following research has made some preparations.The second part mainly points out that the startup subject, from the aspects of criminalretrial starting retrial jurisdiction, the criminal retrial reason in the cognizance of "newevidence" and "a mistake" to prove the standard definition, the category of the criminal retrialreason analysis of the problems existing in the five aspects, and puts forward the possibilityof improvement, such as to the parties to apply for a retrial in the retrial starting procedurequalification, will appeal as a defense system, to make a standard of retrial jurisdiction; Forthe retrial starting causes, draw lessons from foreign regulation, to carry on the reasonableclassification, clear "new evidence" and "a mistake" judgment standard.The third part discussed from the Angle of criminal retrial running program, its maincontents cover the following points: the operation of the criminal retrial procedure should beopen and transparent, to do program fair, open, in practice, to take effect to judge of the courtshould be avoided in the retrial, retrial censorship can draw lessons from foreign practices, bythe independent institutions to exercise. To play the role of lawyers in the retrial, enhance theparticipation of the parties.The fourth part in combination with the actual situation in our country, put forward somerecommendations on perfecting the supervision mechanism of criminal retrial procedure, theretrial of the procuratorate should play the role of supervision and supervision mechanism, inaddition, the court itself will continue to grow and strengthen self-supervision.