The Standard Of Proof In Criminal Retrial

In recent years, the fate of a few criminal retrial rewrite, from NianBin to Qian Renfengthen Yang Ming and Chen Man, criminal retrial also their freedom to the body, but at the same time, there are many like criminal misjudged cases waiting to be corrected. It has long been biased treatment of criminal misjudged case that retrial has undermined the credibility of the judiciary, should strictly check retrial, only incontrovertible criminal misjudged cases the parties will be able to Chen Yuan redressed, that the standard of proof in criminal retrial from the trial of suspected crime It never became a definite error was corrected, but the referee does not comply with the principle of clear trend of the times. The retrial of cases in recent years is in line with the product of the times, also shows a new direction for China's legal reform, more attention to the protection of human rights, balancing multiple interests. Related Stories herein by reference, set forth by the contents of four parts of why the standard of proof in criminal retrial of development from the mistakes must be corrected doubt that is correct.The first part of the criminal misjudged case basis, wrong case because the criminal is a necessary prerequisite for the initiation of criminal retrial remedies, but the current academic definition of criminal misjudged case is not clear, if you want to prove that the standards of criminal retrial of further research, is bound to criminal wrong case to make a clear analysis, draw the boundaries of criminal misjudged case, a clear concept of criminal misjudged cases and their remedies, namely criminal retrial under discussion mat foundation. Then, necessity of criminal retrial system exists brief analysis, but also our criminal retrial system problems of reflection done, start the retrial procedure by different interpretations of "definite error" initiator the case for retrial to think how evidence analysis.Thesecond part immediately before thefirst part of the depth of evidence of legal judgments retrial in force to analyze problems and to focus on "evidence tectonic theory" discussions with Chen over the case, for example, come to today's criminal retrial the standard of proof has been inclined to doubt that is correct. Criminal standard of proof retrial of two types, there are indeed made a simple comparison between the error and doubt, give the reader an intuitive understanding.The thirdpart is the author of the other parts based on their own values for the window, the process of selecting between a standard of proof that is correcting the mistakes must be corrected and doubtful criminal retrial, and elaborated on why our criminal retrial standard of proof is commuted by the time that there exists an error to doubt.