On The Perfection Of Criminal Trial Procedure In China

The criminal retrial is to rectify the erroneous judgment and ruling that has already occurred in law,according to the procedure of legal trial supervision,the purpose of this trial decides that the criminal retrial system is an important lawsuit system,a special judicial relief procedure and an important part of the criminal Procedure Law of each country.If the last defence of fairness is justice,then the last barrier to justice should be the retrial procedure.Therefore,our country and countries all over the world attach importance to the design of the program.The criminal retrial procedure in our country has achieved some practical results in safeguarding the judgment of the Court,correcting the referee's mistakes and defending the judicial justice of the referee,but there are still many unsatisfactory places,such as the operation mode of the retrial procedure and its operation effect in the judicial practice.Our country's guiding principle of criminal retrial procedure is "seeking truth from facts,mistakes must be corrected" thought,in the process of pursuing entity realism too much attention to find the facts of the case,ignoring other legal values such as procedural justice value,human rights protection value,litigation benefit value,law stability value.In practice,the criminal retrial in our country focuses on the fight against crime rather than the protection of human rights.As the starting standard of retrial procedure is lower,as long as the complaint to the effective criminal judgment document is dissatisfied,we can go to the retrial procedure,the present retrial procedure of our country is reduced from the very relief procedure to the general relief procedure that everyone wants to start,infinite appeal and infinite retrial exist,In practice,the criminal retrial procedure completely deviates from the track which should be the exception relief,leads to the disorder of the criminal retrial proceedings,the stability and the power of adjudication,the judicial cost rises sharply,the judicial fairness and efficiency are damaged,and the case even enters the criminal retrial procedure,but it makes no one satisfied.There are many reasons for the malpractice of the criminal retrial procedure in our country,such as the difference of idea value,the omission of the system design,the lack of legislation,and the running of the law.In addition,our country lacks the real legal thinking tradition and the modern judicial idea is not fully established,therefore,the reform of criminal retrial system is imminent.This article will analyze the existing problems of criminal retrial in our country,the causes of the problems,combined with the social reality of our country,and a series of important measures carried out by the central new round of judicial reform in 2013,put forward the corresponding suggestions in the reconstruction of the idea of criminal retrial,the main body,the starting reason,Improve the system of criminal retrial in our country.