An Analysis Of The Nei Shubin Case On China's Starting Procedure Of Criminal Retrial

As a part of the criminal retrial system, criminal retrial starting procedure is the beginning of being able to rehabilitate. Unreasonable criminal retrial starting procedure has also led to some suspected grievance misjudged cases facing the problem of "difficult to start". The case of Nie Shubin is the typical case, causing the extensive concern of the public and strong social response. Because of the active statement of Shujin Wang, the case of Nie form situation about "the case of two fierce". This paper introduce the case about crime scene and retrial process, pointing out that the case involves some problems of criminal retrial starting. These problems include how to deal with the problem of delaying repeatedly, who is the the main body of the criminal retrial reviewing and whether retrial procedure can set "hearing" or not. The position of Criminal retrial starting standard is too high. It is neutrality that the original court reviews retrial. Retrial applicants should have a deterministic procedure guarantee.So combining with the foreign relevant provision and according to China's specific national conditions, the author put forward the idea to ensure human rights, to perfect our country's criminal retrial starting procedure. We should establish standard of criminal retrial of "possible error", divide standard into beneficial to the defendant and against the defendant, and carry out the different provisions. Only the superior court and the trial level court which superior court assign can review as the reasonable retrial starting main bodies. It is very important to perfect right to protest, improve professional quality of prosecutors, and distinguish beneficial to defendant with against to defendant. In addition, we should ensure the right of appeal review program, confirm reasonable deadline and confine the numbers of retrial review, to ensure the case dealing with timely and avoid a long waiting. Through the above research, the author want to to improve our criminal retrial starting procedure.