Criminal Retrial Starting Procedure In China

Based on an analysis of the current situation of our country's criminal retrial starting procedure, based on the combination of extraterritorial criminal retrial starting procedure is the common characteristic of suitable for development of legal system in China, trying to perfect our criminal retrial starting procedure is good idea. This paper is divided into five parts.Through the introduction, to continuously in recent years by the media exposure of miscarriages of justice in criminal of simple summary and analysis, summarized the difficulties encountered in the criminal retrial procedure at the start-up, reflects the status of the criminal retrial procedure in our country, based on this proposed perfect our country criminal retrial start procedure related suggestions, advice in order to provide the reform for the reform of China's criminal retrial.The first part of the body, an overview of the criminal retrial procedure. Including the concept of criminal retrial starting procedure, which contains the features, significance and theoretical basis of the corresponding four aspects. The criminal retrial procedure as the key part of the criminal retrial procedure, to shunt cases, harmonic value conflict effect.The second part of the extraterritorial criminal retrial starting procedure of the investigation and enlightenment. From the criminal retrial starting concept of program, start up subject, start the reasons and the start of a limiting factor for the countries of continental law system and Anglo American law system countries, summarizes their common characteristics in program design, such as starting a program exists, pay attention to human rights protection barrier of the value tendency, the design of strict, for China's criminal retrial start procedures for the construction and perfect, and provide reference for reference.The third part of our criminal retrial starting procedure of the present situation and existing problems. Long in the "seeking truth from facts", "wrong must be corrected" under the guidance of the idea of legislation, our country in the retrial starting main power distribution, start subject broad general, the lack of corresponding program limits, resulting in the judicial practice of our country, retrial difficult to start, the parties to appeal, criminal retrial procedure of relief function difficult to play an effective role.In the fourth part, perfecting the criminal retrial starting procedure. Aiming at the problems mentioned above, reform of our country retrial starting values, introduce the principle of "no repeated prosecution", pay attention to start the process of relief, scientific allocation of our country's retrial start the main power and refinement of retrial procedure, clear of the complaining party jurisdiction and limit the retrial start up time, in order to achieve criminal retrial starting procedure of effectiveness.