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The Analysis of Criminal Retrial System of China

Author: LiYueXia
Tutor: XueRong
School: Shanxi University
Course: Criminal Law
Keywords: The Criminal second trial Remanding a lawsuit for a new trial legislative perfection
CLC: D924
Type: Master's thesis
Year: 2012
Downloads: 19
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Abstract


The system of criminal retrial and remanding a lawsuit for a new trial as an important means to deal with the second trial results, and it is an important part of the national jurisdiction. This system has some positive effect and irreplaceable role to guarantee the quality of the trial, safeguard judicial justice and define procedural referee mechanism. If once abused, it not only can not achieve the purpose of punishing crimes, but also its extensive usage, recycling trial and low efficiency of trial will direct infringe upon the legal rights of defendants, this will also violate the original intensions of the setting up of the criminal retrial and remanding. The operation situation of retrial system, to some extent, marks the social development of the law civilization. Since Chenguoqing’s robbery and murdering in2003in Chengde, Hebei province and Shexianglin "Murdering his wife" in2005, these big cases have caused a strong social influence. The exposure of these typical cases are not a accidental situation, to some extent, all these cases have something to do with the abuse of the criminal retrial system. Therefore, it is no time to delay to perfect and reconstruct the criminal retrial system. On March15,2012the criminal procedure law amendment by the National People’s Congress of will respect and safeguard human rights as an important task of modification. It improves the principle of "no aggravating punishment on defendants from appeals; it perfect the trial procedure and regulate the retrial system, and finally endow and guarantee the rights of the accused. The rules can make the court of second instance basing on the protection of the legal rights of the party as a starting point, and its may better exercise supervision, and effectively prevent the abuse of the criminal retrial system. However, we must clearly aware that the social transformation accelerate and the related lag litigation system is not perfect; the program setting is not reasonable; the judicial ideas lag, especially it ignored defendants’relief rights. All these make the criminal retrial system adhere to the administrative system, and the verdict result is lack of stability. Therefore, establishing a scientific and reasonable criminal retrial system is a hot issue and is widely discussed. This paper combine existing research results of predecessors, starting from three points:the purpose of setting of the criminal retrial system; the existence value of the criminal retrial system and legal basis of the criminal retrial system, and taking a serious of major cases in recent years as entry point. The paper adopts documentary analysis and comparative analysis to analyses the criminal retrial system’ contradictions, problems and defects. Secondly, through the comparative study of foreign counties’ criminal retrial system and analysis of their respective advantages and disadvantages, the paper will learn from their lessons and experience; Finally, aiming at these problems and basing on china’s national conditions, on the basis of borrowing ideas from advanced legislation experience, under the present judicial framework, this paper try to start from deep judicial idea transformation and the application layer’s legislation system two aspects to perfect and reconstruct of our criminal retrial system, so as to strengthen the criminal retrial system’s scientific nature and finally achieve this system’s real procedure value.

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CLC: > Political, legal > Legal > Chinese law > Criminal law
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