The Improvement Of The Access To Criminal Trial Supervision Procedure In China

The original intention of the criminal procedure for trial supervision in "criminal procedural law" is dedicated to rectifying wrong cases and protecting human rights,safeguarding judicial justice in China.But in the process of judicial practice,corrected injustices have been in times of trouble,and often denounced by people.It was closely related to the problems which existed in the road of the criminal procedure for trial supervision,because the access is blocked as a direct result that its difficult to get the retrial opportunities,while through the effective judgment of retrial correction is far beyond reach.At the moment,both theoretical and practical circles both realized the importance and the deficiency of criminal trial supervision procedure,which to improve it has become a consensus.The author also examines the comparative representative outside of our country,analyses the problems exist in the legislation and practice of the program,combining the present situation of our judicial environment.This paper is divided into four parts:The first part of this paper summarize the basic theory of criminal trial supervision procedure and its route,defines what is the access to criminal trial procedure,and on the investigation from three aspects:the perspective of epistemology,the perspective of protecting human rights,criminal proceedings set Angle;Analysis of the value of the criminal procedure for trial supervision pursuit,seek the balance of the three aspects:justice and non bis in idem,entity justice and procedural justice,litigation justice and litigation efficiency.The second part of this paper introduces the retrial approach conditions in Germany,France,the United States and other countries by investigating civil law and some typical countries in Anglo-American law system and summarizes some experiences which we can use for reference in our country through comparison and evaluation.The third part from this paper gives investigation and reflection about the access to criminal trial supervision procedure in our country from the judicial practice and the current situation of legislation judicial interpretation of these two point of view,then analyzes the problems existing in the system.The fourth part of this paper puts forward improvement suggestions for the problems which exist in the access to criminal trial supervision procedure:improve the starting conditions,specify the subject initiation,stylize the actual conditions and guarantee the lawyers attending.