Study On The Remanded For Retrial Of The Criminal

Remanded for retrial of the criminal means in our criminal retrial procedure,inaccordance with the procedure of second instance case for retrial of the People’s Courtheld that the trial court of cassation, the referee enacted statutory circumstancesexist,made the case sent back to the trial court for retrial of a treatment approach.Aswe all know,our long-term presence of"heavy entity, light program","theorder,freedom light","heavy blow,light protection," the traditional concept ofjustice.As a special relief program remand system set up and run, still can not escapethe shackles of these traditional concepts of justice, and to some extent,set thetraditional justice system is above carry out and implement the concept.Criminalretrial in the remand system, not only the lack of modern theoretical support for theidea of justice, but there are many problems in legislation and judicial practice, theworse is causing a lot of adverse effects in judicial practice.Retrial of the criminalconduct research aimed a the remand system,the rule of law under the guidance of theconcept of modern art in the criminal retrial in-depth analysis of the remandsystem,put forward reasonable proposals to repeal remanded for retrial in practice.In this paper,the theory and practice of combining method,starting from the conceptand theoretical basis of the legal characteristics of the criminal retrial remandsystem,the status of legislative system compared detailed analysis,and the judicialsystem in practice be the study and analysis,followed by a more in-depth rationalreflection, and finally recommended the abolition of the existing criminal retrial in theremand system.This article from the introduction, body and summary of three majorcomponents.Which part of the body is divided into four smaller. The first part out lines the concept of the remand system in criminal retrial procedure,settheory and legal characteristics of the system.The second part of our system of criminal retrialin remand conducted a comprehensive survey and in-depth analysis from the legislative andjudicial practice.The third part of the criminal retrial in the remand system were rationalreflection.The fourth part of the proposed repeal of crimina retrial in the remand system, andfrom the necessity and feasibility of the abolition of the system of two aspects of the analysis,and finally to abolish the remand system after treatment.First,the abolition of the system ofcriminal retrial in the remand of the accused to a fair trial is to protect and improve theefficiency of the criminal retrial proceedings to realize the need for a people’s court for retrialeffective supervision of the trial court.Second,the abolition of crimina retrial in the remandsystem is also feasible.Because of the limited number of criminal retrial, and a comprehensivereview of the current approach to focus on retrial grounds for retrial can guarantee the qualityof the referee.Third, the criminal retrial should adhere trial earing, adhere to the retrial of acomprehensive review of the reasons for the focus on the principle parties to the case toprotect the rights of access to a lawyer.