On The Perfection Of Trial Supervision Procedure From The Case Of Criminal

In criminal proceedings, the trial supervision procedure is a special procedure, itas a kind of remedy in criminal procedure, does not have universal applicability of theordinary procedure. However, in the long-term judicial practice, criminal trialsupervision procedure has played a unique role for correcting judicial error. Thus, thecriminal trial supervision program plays an important role in the institutional systemof criminal trial.In recent years, significant Criminal Misjudged Case were disclosed in the media,some even more than a decade of Criminal Misjudged Case is not correct, but somemisjudged cases’ corrective was dependent on the emergence of the murderers, andnot through the normal channels of the criminal trial supervision procedures, such asZhejiang Xiaoshan killed five young taxi driver case, after years the murderer appears;Liaoning Montenegro Liu Kaili murdered girl case, seventeen years later, Liu Kailiwas given a suspended death sentence commuted innocence from the original and soon. Although the incidence rate is not high, but due to long time not being corrected,the parties were badly misjudged or even victimizes, resulting in adverse socialimpacts, all of this, the criminal trial supervision procedure suffered criticism.Significant misjudged, lack of timely and effective corrective injustice, the parties, thejudicial justice and social justice will suffer serious damage.Despite the occurrence of criminal misjudged case in any society and anycountry can avoid. But how to treat the criminal misjudged case is an important factorto consider a national development level of the rule by law. In this regard, we cannotuse “the principle of non bis in idem and res judicata theory” to hinder the CriminalMisjudged Case correcting. Undeniable, misjudged criminal cases have greatlyweakened the people to have confidence in the administration of justice, but fromanother perspective, also provided materials and opportunities for the reform of thejudicial system. We can find the practical methods of promoting judicial reform fromthe misjudging of criminal crime.As the law of Criminal Procedure in criminal trial supervision procedure, alsoknown as criminal retrial procedure, is on the reexamination and hearing the effectivejudgment, the procedure for correction of judicial error of judgments and orders, toensure the realization of the objective of criminal litigation, protect the legitimate rights and interests of citizens, maintain the image of the judiciary and authority,strengthen the party and the whole society for the national judicial authority and legalrespect and trust should play an important role in. But now, in judicial practice inChina, there are still many problems affecting the proper functioning and effectiveplay.This topic is the judicial thinking caused by a series of Criminal Misjudged Caserecently disclosed, combined with the criminal retrial system of foreign ideas andpractices, according to China’s social justice thought, practical experience, analysis ofexisting in our country’s criminal procedure for trial supervision problems, and putsforward the countermeasures and suggestions of perfecting our country’s criminal trialsupervision problems from the criminal complaint, start retrial, retrial mechanism etc..