Procedure Of Criminal Cases Review Commission

With recent reports of the miscarriage of justice in China. The ability of distinguishthe miscarriage of justice of our criminal justice system were being questioned. So theentire criminal justice system was facing a serious crisis of confidence. In judicial practice,which made the "retrial difficult" and "abuse of complaints" became the two major ills ofcriminal justice. One of the most crucial problem is how to accurately and efficiently startcriminal retrial procedure.In this paper, the basic role of the criminal retrial starting mechanism was the researchstarting point. After the analysis of existing boot mechanism of the criminal retrial. We selectedBritish Criminal Cases Review Commission (CCRC) as the main object of research.The research of CCRC start from the basic criminal appeal procedure of the British.Including the institutions, personnel, review procedures and rules, precedents andassistance systems of the CCRC. Canada and the United States represented by AttorneyGeneral mechanism and the Courts mechanism to start the system compare in order toanalysis and demonstrate an independent review mechanism’s advantage. Then with Chinarelated legislation and judicial practice comparative analysis, pointing out the plight of ourcriminal misjudged corrective solution lies in the establishment of official criminal casesreview commission.Finally, with the results of relevant research and foreign scholars’ research with theestablishment of similar institutions, analysis the problems that may arise. Point out thathow to learn from the CCRC in order to improve our criminal retrial starting mechanism.Then arrive at a final conclusion: The establishment of an independent review commissionof criminal cases in each province. Then design the whole system. At last, point out a seriesof problems that need to pay attention. Other scholars may us them for reference.