On The Review And Determination Of "new Evidence" In The Criminal Trial Supervision Procedure

“New evidence”,as the most common reason for retrial applications,plays an important part in the criminal retrial reasons in many countries around the world.In December 2012,the Supreme People's Court issued the judicial interpretation of the law which stipulates the formal and substantive standards of new evidence in the Criminal trial supervision procedure,and provides a beneficial guidance for judicial practice to review and identify the new evidence.However,there are still some problems in the existing regulations,such as the defaults of new evidence examination and identification principles,the definition of new evidence and the standard of identification being no distinction between “beneficial to the defendant” and “against the defendant”,and the lack of effective new evidence examination procedure,which lead to some phenomena that impair judicial justice,such as the difficulty to identify the new evidence that is beneficial to the defendant and the easy belief to the new evidence that is against the defendant and the criminal retrial procedure caused by new evidence become a pure error correction program,which loses the initial function and value to relieve the defendant.To solve these problems,firstly,it is necessary to analyze the new evidence of the criminal trial supervision procedure from four dimensions.Secondly,it is a must to delve into and draw the benefit measures from the foreign countries.At last,combining the situation of our country,it is beneficial to find the way to perfect the regulations: the first aspect is to establish the principle of relatively retrial without adding penalty and the principle of avoidance during retrial procedure;The second one is to constrict the range of new evidence that is against the defendant and distinguish the reason about why this new evidence that benefit to the defendant did not be considered before;The third one is to distinguish the identification standard of new evidence between benefit to the defendant and against the defendant;The final one is to build an inquiry and hearing system of the review stage.These four measures will help tobalance the value conflicts between fighting crime and the protection of human rights,and let the criminal trial supervision procedure plays a true role during the special relief.