Research On The Starting Subject Of Criminal Retrial Procedure

The criminal retrial procedure,also known as the trial supervision procedure,is a special relief procedure for correcting wrongful cases.However,in the Sun Xiaoguo case,the retrial procedure has become a tool for the defendant to escape legal sanctions.This obviously violates the original intention of the retrial procedure.The two retrials of Sun Xiaoguo also led to thinking about whether the setting of the retrial initiation subject is reasonable.Taking the case of Sun Xiaoguo as an example,this paper analyzes the legal provisions and judicial practice of the retrial initiating subject,proposes the problems of the retrial initiating subject,draws on the useful experience of major countries outside the territory,and combines the actual situation of our country to propose suggestions for perfecting the criminal retrial initiation subject.The full text is divided into five parts:The first part analyzes the problems of the Yunnan Provincial Higher People’s Court in launching the retrial by sorting out the whole story of Sun Xiaoguo’s case.First,the Yunnan Provincial High Court lacks restrictions on arbitrarily initiating retrials,and second,whether it is reasonable for the court to initiate retrials that are unfavorable to the defendant.The second part introduces the relevant legal provisions and judicial practice of the subject of criminal retrial procedure in my country,and analyzes the dilemma of criminal retrial in practice.Although the proportion of retrial cases is low,unjust,false and wrong cases occur from time to time.The third part puts forward the problems existing in the main body of the retrial.In terms of the concept of retrial,there is an imbalance of legal value,the court’s initiative to initiate a retrial violates the principle of "separation of prosecution and trial",the lack of restriction on the initiation of retrial by judicial organs,and the coexistence of "difficulty in appealing" and "indiscriminate appeals" by the parties.The fourth part introduces the regulations of the two major legal systems,France,Germany,the United States,and the United Kingdom on the establishment of the retrial initiation subject and the retrial concept embodied in it.The fifth part puts forward suggestions to improve the main body of criminal retrial procedure.Balance the value of multiple laws,restrict judicial organs from proactively initiating retrials that are detrimental to the defendant,regulate courts to initiate retrial procedures,separate retrial courts from retrial courts,improve the effectiveness of parties’ appeals to initiate retrials,and improve the review procedures for appeal cases.Establish criminal case review committees,increase parties’ relief channels,and standardize external supervision.