Through The Case Of Hugejiletu Analysis Of China's Retrial Starting Procedure

In recent years some wrongful convictions have been disclose.Correct the misjudged cases needs to be carried out by starting the criminal retrial procedure. Through the various problems exposed in the case of hugejiletu to start the retrial procedure,to perfect our country's retrial procedure.The paper is divided into three parts:introductions,straight matter(three chapters)and conclusion.The introduction mainly introduces the reason why to choose the case to study.The first part is the brief introduction of the case.On April 9,1996, there was a rape homicide happened in Hohhot.On June 10,hugejiletu was executed.Zhi-hong zhao who were caught in 2005,said that he was the murderer of the”4·09”case in 1996.On December 15,the court retrial acquitted hugejiletu in Inner Mongolia.The second part reveals the problems exposed to the case.First of all,to the court for retrial starting power restriction is not strong enough.Second,the retrial reason is relatively fuzzy,not operable.Third,the retrial petition related rights can not get full guarantee.Fourth,to start retrial procedure after the supervision mechanism of regulation is not comprehensive.The wrong case responsibility system in our country is too strict.In addition, the media not to retry review for effective supervision activities.The third part is to solve these problems according to the questions of the second part.First,strengthen the power of criminal retrial starting.Second,when restricting the retrial startup,the applicable instruction retry.Third,need to be further retrial reason. Fourth, the related rights of retrial petition should be guaranteed more effectively. Finally,refuse to strict wrong case responsibility system.Tolerance judge's mistake. Gold is no pure gold, no one is perfect.In addition, the court shall voluntarily disclosed case review progress in order to the media supervision.