On The Criminal Retrial Procedure Of The Defendant Death Cases

The retrial procedure of defendant death case is a special remedy proceeding for the defendant death case. Starting from analyzing the defect of the retrial proceeding and the particularity of the defendant death case, the paper is classifying and analyzing the complicated conditions of the defendant death case, generalizing that there may be the phenomenon of the judicial murder and the ‘scapegoat ’and the pending criminal case. By means of analyzing the complexity of the defendant death case,make it clear that the criminal procedure law must design the retrial procedure of the defendant death case on the basis of ‘litigation remedy model’. By referring to the related materials of foreign criminal procedure, the author is to design our country’s retrial procedure of the defendant death case from the following three respects. Firstly, according to the special concept of litigation remedy, establish our country’s discovery mechanism of misjudged cases; Secondly, by making a distinction between the formal examination and substantive examination, design the initiating routine for the retrial procedure of the defendant death cases; Thirdly, based on the principle of full involvement of the litigants’ criminal evidence confirmations, construct the judicial procedure for the criminal retrial of the defendant death cases.