On The Starting Of Criminal Retrial Procedure In China

With cases people were wrongly,falsely and unjustly charged being exposed by mass media recently,criminal retrial procedure becomes the focus of most concern.Criminal retrial procedure accords with the fairness spirit of law,is grounded on the juridical logic of uncovering truth and pursuit of rightness,and promotes human right protection.However,criminal retrial procedure also challenges the authority of res judicata and finality,and do harm to the stability of law.Consequently,it is essential to make necessary restrictions for the starting of criminal retrial procedure.In order that criminal retrial procedure operates correctly,it is necessary to set up reasonable threshold for criminal retrial procedure,that is,the cause of retrial procedure and the standard of proof.After contrastive analysis with retrial causes from other countries and regions,it can be seen that there are problems in criminal retrial causes in our country: no unified retrial cause,no precise statement on retrial cause.There is no clear statement on standard of proof in criminal retrial procedure in our existing law,which causes the problem of repeated starting and selective starting.To cope with this problem,it is necessary to reform the causes of retrial procedure and the standard of proof.In respect to retrial causes,a unified starting cause is required with standard and rigid terms,and the starting of retrial procedure has to accord with law,otherwise,it cannot be started.In respect to the standard of proof,the principle “innocent until proved guilty” does not apply to starting of retrial procedure.Combining with the area of foreign experience and the practice of our country a “reasonable cause” standard for criminal retrial procedure should be set up.