On The Standard Application Of New Evidence In Criminal Retrial Subject

The inevitable occurrence of wrong criminal cases(due to insufficient understanding of the probability and truth of fact determination)makes criminal retrial a very important relief procedure in China's criminal procedure law and assumes important functionality and value orientation.New evidence is the most common and important reasons for retrial,that is,it can reconcile the conflict between the entity 's authenticity and the certainty of the judgment,and can also realize the rights of retrial and the protection of human rights is one of the core issues of the criminal retrial system.However,the provisions of the existing legislation on new evidence are too simple,and at the same time,the guiding ideology of "seeking truth from facts and correcting errors" also has a lag.There are many imperfections in the review procedure,which makes the application and guidance of the new evidence lack,resulting in many problems in practice.This article takes the study of the current status of the application of new evidence as a starting point,and at the same time draws on and compares the legislation and judicial experience of other countries,and finally puts forward specific suggestions for the relevant system to which the new evidence is applied,in order to make a useful exploration of the legislative reconstruction of future criminal retrial procedures.The main body of the thesis is divided into six chapters for discussion:The first chapter summarizes the overall situation of China's new evidence and is divided into four parts.A pair of new evidence definitionsand legislative provisions are explained;two analysis of the two core features of the new evidence "newness" and "significance",and four examples for "newness",focusing on "significance" Two evaluation methods;three introduce the function and value of the new evidence;four summarize the overall situation of the new evidence.The second chapter mainly examines the application of new evidence in countries outside the region,and is divided into four parts.1.Introduce diversified value models and make comparisons.2.Investigate the definition and standards of new evidence in the legislation,mainly in France,Germany,Taiwan,China,and the United Kingdom.Finally,make a comparative analysis.3.Take the review process as the inspection object.,To extract their respective institutional advantages,comparative analysis;four based on this chapter,to summarize the overall situation of the application of new evidence outside the region.The third chapter compares the problems existing in the application of new evidence in our country outside the territory,and is divided into four parts.One pointed out that there are deviations in the standards for the application of new evidence,including the problem of ambiguity in proving that the standard is "wrong" and the problem of the high degree of "certainty" review standards;Second,the problem that the application of new evidence is seriously formalized and not classified,Focus on describing the difficulty of adopting new evidence that is beneficial to the defendants,and easy to adopt the new evidence that is not beneficial to the defendants;Third,elaborate the current review process with strong authority and no supervision,negative inaction by the judiciary,resulting in difficult complaints and more secondary complaints;4 Summary In addition to the above problems,there are loopholes in the application of the new evidence.The fourth chapter analyzes the reasons for the problems in the application of new evidence in China and discusses it in four parts.First,the lag of legislation,the application of new evidence lacks the explicit provisions of the legal provisions;Second,the guiding ideology of "seeking truth from facts and correcting errors",one-sided pursuit of substantive truth,ignoring human rights protection;third,imperfect review procedures,lack of independence Of the reviewing agency,the procedure is not open;Fourth,summarize the main content of this chapter.The fifth chapter introduces the idea of ??beneficial defendant,which is divided into four parts.1.Summarize the connotation,origin and development of the beneficial defendant 's concept and relevant scientific theories;2.Under the guidance of the beneficial defendant 's concept,distinguish the new evidence into new evidence favorable to the defendant and new evidence unfavorable to the defendant,and elaborate the exceptions 3.Under the guidance of the beneficial defendant 's idea,appropriately reduce the standard of proof of new evidence and adopt the“reasonable doubt” standard;4.Summarize the introduction of the beneficial defendant 's idea,which will bring about a re-establishment of the entire system.The sixth chapter builds a new review system,which is divided into four parts.First,set reasonable review standards and give priority to "probability";Second,set up a new evidence review committee and regulate its operating procedures and rights;Third,introduce a hearing system,establish new evidence cross-examination rules,and conduct specific system design;4.Summarize the content of this chapter.