The Principle Of Retrial Against Punishment Aggravation

Criminal supervision procedure is also known as the retrial procedure.The people’s court,the Procuratorate is in a legally effective judgment, if the criminal facts of the case and the court finds definite error in the application of the law, in accordance with legal procedures for re trial of the case in the criminal procedure.Retrial against punishment aggravation principle is an important principle of protecting the rights of the defendant in trial supervision procedure, the establishment of this principle effectively safeguarding the legitimate rights of the accused, but also can maintain the authority of the judicial judgment.Ism also has many problems and defects in the application of our country.Based on the Li Changkui murder case, analyzes existing problems in the trial supervision procedure, the retrial against punishment aggravation is applicable in our country.This is because China’s lack of legal soil ism, "mistakes must be corrected" by many factors the guiding ideology and mass culture psychological difference.By analyzing the principle of retrial against punishment aggravation in our country’s legislation and judicial present situation, problem, find out the crux of the problem lies, and analysis of the influence of the party’s Fourth Plenary Session of eighteen retrial procedure by the guiding ideology of "Mistakes must be corrected whenever discovered" brings to the "change of error correction in accordance with law" about the experience, through legislation. The hope in the Chinese established to strictly limit the unfavorable to the defendant’s retrial procedure for trial supervision.