| The criminal retrial usually means in the second trial, that the court due to substantive reasons or procedural reasons sends the case back to the original court. As a quite significant legal proceeding, criminal retrial plays a very important role in correcting mistakes happened in trial and protecting interests in system of appeals. However, because of major defects in criminal retrial procedure, there are lots of problems in justice practice. Meanwhile, a criminal retrial procedure is also controversial. In 2012, the new amendment to the criminal procedure law did a legislative perfection on criminal retrial procedure, but in a very limited way. Still some problems cannot be solved; therefore, it is indeed to further improve the procedure.This article takes case of Zhang as an example, through analyzing the details of this case,summarizes three primary problems: Criminal retrial by reason of “unclear facts or insufficient evidences” violates principle of no punishment for doubtful case of crime; two levels of courts use criminal retrial to avoid responsibility, which damage to the courts’ credibility; faultiness pending custody systems generate invasion of person rights, and also proposer countermeasures.This thesis mainly has five parts:The first part is case introduction, introduces basics details, verdict and main problems. The second part focus on the main problems happened in the case. Try to summarize and analyze issues combined with case during criminal retrial procedure. The third part digs the jurisprudence source of criminal retrial problems; investigates from three directions of legal ideas, legislation,and judicial. The fourth part is the comparison of extraterritorial systems, discussing about criminal retrial procedure major in the United States and Germany and hope to learn some expertise. The fifth part concerns on the re-improving of our criminal retrial procedure, presents some progressive legislative perfection combined with China’s reality. |
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