Research On The Start Of Criminal Trial Supervision Procedure

In this paper, the problems of starting criminal trial supervision procedure as the research object. Supervision procedure is actually the result of a trade-off judgment res judicata of law and justice, it is in the correct miscarriages of justice, play an important role in maintaining the justice of law, and initiate a criminal procedure for trial supervision is the basis and starting point of the procedure for trial supervision, is the key to play the role of criminal trial supervision procedure the profound influence of our country's criminal trial supervision procedure in the traditional guiding ideology and reality view, too much emphasis on finding the truth from the facts of the case itself. But easy to ignore some other important legal values, such as the value of human rights,procedural justice, litigation efficiency value, resulting in the program is difficult to play its due function in the actual operation. The author believes that any kind of design of the judicial system are compared in the various interests of the balance value are the result of selection, rather than arbitrary choice, criminal trial supervision procedure is of course for the judicial practice. The result of the party's the fourth Plenary Session of the 18th CPC Central Committee decision to put forward ", the solution focuses on the retrial correction in accordance with law, maintain the authority and improve the effective prevention of miscarriages of justice, timely corrective mechanism to protect the parties to exercise the right of appeal in accordance with the law, to the judicial organ refuses to accept the referee, decided to appeal, gradually implement lawyer system and the complainant cannot afford a lawyer to hire, incorporated into the law The scope of legal aid. "According to the provisions of the party policy, as can be imagined, the retrial procedure for the protection of human rights, the importance of correct miscarriages of justice. However, in judicial practice, starting at present in our country's criminal trial supervision procedure obviously has many problems, such as the re appeal and can not enter the retrial case, already serious damage to judicial impartiality and authority. In the present stage of our country to study the criminal trial supervision procedure start there are many not perfect, in the formulation and implementation of relevant laws and there is still a lot of problems in our country. In recent years, due to a series of false and wrong cases, leading to the judicial impartiality and authority questioned by the public, people began questioning the law itself. The author believes that China started the trial supervision procedure itself intended to concern the interests of the public, to play its true Positive role, but the theoretical support is not enough, the law is not perfect,resulting in many problems,so the study of the existing criminal trial supervision procedure startup problems and has important practical significance and put forward the way and corresponding countermeasures.This paper is divided into four parts. The first part presents the basic overview to start the trial supervision procedure, including basic concepts, elements and significance of starting the program. The second part introduces the basic situation of foreign criminal trial supervision procedure, including the analysis of the main starting theory, analysis,reason analysis, and China can learn some important parts. The third part puts forward the main problems of our criminal trial at the start supervision procedures, such as the start of the program concept there is a deviation, the start of the main unreasonable. The fourth part, according to China's criminal trial supervision The starting point of the system is to improve the measures, such as the concept of updating the startup process,the scientific definition of the main body of the startup, and the reasons for the start.