"Case Of Shubin Nie" And Research On The Difficulty In Starting Criminal Retrial Procedure In China

Compared with the universal procedure,the criminal trial supervision procedure is deemed as a very formal remedy procedure in the criminal procedure.Under the new situation when the law-based national governance is being entirely promoted,the wrongs and false cases are being rectified rapidly.The wrong and false cases such as Wang Yuansong and Hugejiletu have already been exonerated.However,“the case of Shubin Nie” has not been launched to be reviewed yet up to the present.The great difficult circumstance of starting of criminal retrial procedure has been embodied by the hard and slow advancement of the case.This issue provokes the meditations made by the writer over the criminal retrial starting procedure.Starting from the individual case research,the writer further analyzes the surface phenomenon and its cause of the difficult in starting of the criminal retrial procedure of our country from the practical perspectives so as to further propose the relatively feasible countermeasures.This article is totally divided into four chapters.The whole “case of Shubin Nie” is analyzed in the first chapter,the topic that start the retrial procedure of our country is difficult has been dissected by the retrial process through the emergence of the new evidences.From the detailed analysis of “the case of Shubin Nie” in the second chapter,the surface phenomenon of the difficult error correction of the retrial procedure of our country which is called the right of petition is hard to be realized and the retrial procedure is also hard to be launched.In order to realize the judicialfa,in accordance with the retrial guidance principle of “the error correction by law”,“the case of Shubin Nie” should be launched to retrial.However,the retrial launch decision has been delayed to arrive.Thus,the cause of the difficult retrial launch of “case of Shubin Nie” will be deeply analyzed by the writer.In the third chapter,the analysis will be made in the two aspects of the direct and indirect causes on how the starting the criminal retrial procedure of our country has the malfunction.In the writer's opinion,the direct causes of difficulty in starting of criminal starting procedure lie in the existence of many defects of the criminal retrial system of our country,the lack of the litigation participation and the motivation for launching the retrial executed by the court of the original jurisdiction,the vague retrial causes etc,which leads to the difficult launch of the retrial procedure.Furthermore,the indirect causes of difficulty in starting of criminal starting procedure lie in the judicial management,the generalization of the criminal misjudged cases,and the shortage of the lawyers' rights.The fourth chapter is based on the reality of our country,meanwhile,the overseas successful system experiences are also reasonably referred to,the criminal retrial starting procedure of our country is reformed,in order to ensure its effective play as well as solve the difficult situation of the hard retrial launch of “the case of Shubin Nie”.The writer thinks that the subject of litigation review should be separated from the original trial organization and personnel so as to reduce the error correction resistance as much as possible during the criminal retrial system design.Therefore,it seems especially necessary to construct the retrial system in different places.The new ideas have also been proposed by the writer with reference to the constructions of the case review of complaints and the retrial jurisdictional system in different places.