Research On Causes And Countermeasures Of Criminal Protest Retrial Cases Causes And Countermeasures Of Retrial Cases Of Criminal Protest

The retrial of the criminal protest is a legal supervision procedure for the procuratorial organ to correct the protest of a legally effective criminal judgment.The purpose is to correct the wrong criminal judgment or ruling,safeguard the res judicata and stability of the effective judgment,and safeguard the legitimate rights and interests of the defendant.In recent years,there has been an obvious increase in the number of criminal protest retrial cases in a province.During the analysis of criminal protest retrial cases,problems have been found,such as random initiation of protest,single reason for protest,vague criteria for retrial revision,and low retrial revision rate.At the same time,under the guiding ideology of " seeking truth from facts and correcting mistakes",the authority of the effective referee and the legitimate rights and interests of the defendant are also vulnerable to infringement,which is not conducive to maintaining the certainty and stability of the effective referee,but also harms the restored social relations and fails to be sufficiently careful and considered between the stability and authenticity of the law.In order to reduce unnecessary criminal protest and improve the accuracy of criminal protest correction,the author,based on the judgment of criminal protest retrial cases from 2014 to 2017 in a certain province,through empirical analysis,looks at the characteristics of criminal protest cases in China,analyzes the problems and causes in protest retrial cases,puts forward corresponding improvement measures and countermeasures in practice and legal provisions,and tries to put forward and analyze the feasibility of establishing protest retrial necessity review system,so as to provide theoretical reference for protest organs to promote protest supervision.