The Study Of Criminal Retrial Appeal Hearing Mechanism

The criminal retrial complaint hearing means that the judicial organ directly hears the statements,challenges and defenses of the parties(the complainant and the respondent)and other interested parties through the convening of the hearing in the process of handling the retrial appeal case,and finally decides whether to start the retrial process of the appeal case or not.Constructing a criminal retrial complaints hearing mechanism can not only solve the real difficulties of the complainant's right to participate in the reexamination appeal system,lack of communication between participating participants,formalization of written appeal review,closure of complaints,etc.,but also can effectively protect the complainant' s right to participate in the proceedings,the equality of the participants involved in the appeal,the democratic nature of the conclusion of the appeal review,and the strengthening of supervision over the judicial power.The article first outlines the relevant theories of the criminal retrial complaints hearing mechanism,clarifies the concept and the nature of retrial complaints,sorts out the relationship between retrial complaints and other powers,and the concept,basic procedure and characteristics of criminal retrial complaint hearings,and defines the scope of the study;then,the article deals with the analysis of the necessity and feasibility of a criminal retrial complaint hearing.The former is proved from its practical dilemma and positive significance,and the latter is from the basic value of the concept,the conformity to legal procedure,and basic guarantees;the last part is about the construction of a hearing retrial complaint hearing mechanism and the establishment and improvement of ancillary systems.It mainly analyzes its specific construction from the following aspects:construction concept,scope of application,start-up method,participants,information distribution rules and legal effects.In order to effectively solve the complaints against the criminal retrial complaints in the judicial practice,it is necessary to discuss the establishment of a complete system of the hearing retrial complaint hearing system with the complaint registration system,the expert consultation system,the lawyer agency system,the legal aid system,and the public opinion expression system.review And various difficulties.