| The criminal review and retrial system is an important part of China's criminal justice system.It plays a positive role to improve case quality and protect the interests of the defendant case-hearing level such as legitimate rights and interests.The cause of criminal retrial in our criminal lawsuit includes contains two types:retrial of procedure violation and retrial of facts or evidence lack.The second instance court returns the cases to the original court for retrial,helping the defendant obtain the rights and promoting the retrial court correct the mistakes.However,it has been controversial because of the flaws in the legislation and many problems in practice.The first part of this paper is an overview of the re-examination system for criminal second-instance trials in China.The provisions on the criminal re-examination system can be traced back to the beginning of the promulgation of the first Criminal Procedure Law of China in 1979.This system has been inherited and used until now.Its main function and value lies in rights relief and procedural punishment.The second part is based on the analysis of the number of criminal rulings sent back in retrial cases in Beijing,Zhejiang and Tianjin,the number of cases sent back to the court,the statistics of the reasons for returning,and the analysis of typical cases,to demonstrate the retrial system of the second instance of criminals.The dissolution of the acquittal.The third part analyzes the reasons why the second-instance court tends to send a retrial instead of a guilty verdict from the legislative and judicial levels.The fourth part is to analyze the harm of the second instance court to refrain from retrial and acquittal.Through the statistics of criminal verdict,we find the criminal retrial system has influenced the criminal acquittal rate.This paper aims to study the acquittal rate from criminal retrial system,and tries to rebuild our retrial system,providing new solutions for the current acquittal dilemma. |
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