A Study On The Initiation Of Criminal Retrial Procedure In China

The criminal trial supervision procedure,that is,the criminal retrial procedure,refers to the people’s court and the people’s procuratorates judgment and ruling on the legal effect that has already taken place.It is found that(the court or procuratorate itself finds or originates from a party’s complaint)a special relief procedure initiated by means of decision,arraignment,order retrial or protest.It should be pointed out that the criminal retrial procedure is not a normal continuation of the criminal procedure.It is a non-essential procedure and an exception to the two-instance system in our country.The initiation of criminal retrial procedure as the basic stage of criminal retrial procedure is to play the role of retrial procedure The key to the relevance of the review process.The theoretical basis of the criminal retrial procedure in our country focuses on the pursuit of "there is a mistake must correct,substantive justice ",improperly expanding the criminal retrial procedure error correction function,ignoring some new concepts of criminal prosecution,such as procedural justice,human rights protection and so on.Therefore,only when the start of the criminal retrial procedure will its own procedural function fully play,the criminal retrial procedure can proceed smoothly.At present,the initiation of the criminal retrial procedure is not supported enough in theory on some issues,and the legislation is not clear enough,which results in inconsistent practices in judicial practice and is not conducive to the development and unification of the rule of law,so.However,the research on the initiation of criminal retrial procedure has good practical significance.The article from the following three parts,from big to small,layers of depth,will eventually look at the corner of the criminal retrial procedure started on the proof standard.The first part is a general overview of the criminal retrial procedure,including the definition of the concept of the criminal retrial procedure and the correct understanding of its characteristics and the theoretical basis on which it can exist.In addition,the functions of the criminal retrial procedure should be further discussed.The third part,also the last part of the article,makes a specific analysis of the problems raised in the previous part,from the "new evidence" understanding,specific application and the setting of proof standards,and puts forward some opinions and suggestions.