Research On The Issue Of Remand For Retrial In The Criminal Second Instance

The establishment of criminal second instance retrial highlights the value of procedural independence and guarantees the concept of human rights.However,the judicial practice of retrial is arbitrary,presenting the expanded application of the standard of remand in addition to legal reasons,which is used to avoid the risk of revision and solve other problems in the case,so that the application of retrial in criminal second instance is contrary to the original intention of legislation.In judicial practice,the number of remand cases has increased in recent years,and there is a phenomenon of functional alienation,such as the principle of avoiding the penalty of appeal by remand,the direct revision of the case and the return of retrial,which leads to the circulation of trial,and the return of retrial outside the legal cause.The solution should return to the judicial logic,take measures such as eliminating the consequences of additional punishment caused by the defendant’s appeal,making the reasons for the return of procedural illegal cases public,perfecting the working mechanism of the presiding judge’s meeting,realizing the supervision and restriction within the court system,highlighting the purpose of ensuring judicial justice and the remedy of the parties’ rights,guiding the judge’s thinking to change to the value of procedural justice,and openly realizing social supervision on the grounds of remand,and promoting the accurate application of judicial practice to the purpose of criminal second trial.