Research On The Cause Of China's Criminal Retrial-Status And Prospect

The criminal procedure laws of all developed countries in law have generally established a special remedial procedure for final judgments,that is,a criminal retrial procedure.The criminal retrial procedure is a kind of special remedial procedure that revises the original case for a judgment or ruling that already has legal effect and a certain statutory cause.The establishment of a criminal retrial procedure aims to balance the certainty between court decisions and cases(that is,the "statutory stability"),to identify the real needs of the case and to protect the possible tensions between the legal rights of the parties(especially the defendant)..Among them,the reason for the initiation of criminal retrial(referred to as "reason for retrial")as the key to open the retrial procedure is directly related to whether the retrial procedure can be formally initiated.The reason for setting up the retrial case scientifically and rationally must not only take into account the multiple value options in the criminal litigation field,but also require Combine the specific conditions of each country.China's criminal retrial system still has many flaws.In terms of starting a retrial,the provisions of the current law are too principled and operability is not strong,leading to a relatively random start of the retrial procedure,which essentially exposes the defendant to a "double danger"."It has also undermined the referee's stability value to a large extent.Therefore,the in-depth exploration of how to set up the reasons for retrial and further perfecting China's criminal retrial procedure not only helps protect the legitimate rights and interests of the parties,but also helps maintain the authority of judicial decisions,ensuring that the social order formed by the referee will not be easily changed.This article is based on the theoretical research of the current legal scholars,and combines the extraterritorial provisions of the reasons for criminal retrial.It further analyzes the current status and deficiencies of China's current grounds for criminal retrial,and uses the famous " Nie Shubin murder case " to reexamine the reasons for the current law.As an example of the breakthrough,it is proposed that the criteria for starting trials in favor of the defendant should be changed from the current " definitely wrong " standard to the " suspected mistake " standard.In addition,this article also defines how to identify " new evidence " and specifically prohibits " only "Improved changes in punishment" have raised my opinion.This article is divided into five chapters.The first chapter gives an overview of the reasons for the initiation of criminal retrial.It briefly explains the concept,classification and characteristics of the reasons for criminal retrial.The second chapter is the theoretical basis of the reason for the initiation of criminal retrial,mainly expounding the theory of repression and the principle of prohibition of double danger,and the influence of the theory of repression and the principle of prohibiting double dangers on the reasons for setting up a criminal retrial.The third chapter adopts comparative research methods to study the system of reason for initiation of criminal retrial in countries or regions outside the country.Through comparative analysis of relevant legal provisions on the reasons for criminal retrial in developed countries and regions,it hopes to provide reference for the legislative perfection of China's criminal retrial..The fourth chapter mainly examines the legislative status of China's current reasons for criminal retrial,focuses on the analysis of existing issues,and compares the reasons for the retrial of China's retrial with the rules for the reasons for retrial of developed countries(regions)in the third chapter.Chapter 5 discusses how to reform and improve the reasons for criminal retrial in China from the perspective of concept and system.