Research On The Retrial System Of New China

Based on the retrial system of new China, has stressed that the retrial in the importance of our legal system, on the other hand, based on the retrial system in China and abroad about the comparison of the system, with its own national conditions and found that many problems exist, and with reference to the relevant experience abroad to perfect them, so better to play a role. The first part of the remand of the concept, characteristics and historical evolution of the system have been described, and the old China during the revolutionary base areas and new China during the period of three important stages of the legal situation described, highlighting the new China, the concrete application of the system during the case. The second part of the basis of legislation in many countries abroad, study and research, pointed out its similarities and differences between our law, combined with its basic national conditions, points out the shortcomings in the system case. If too many reasons, contrary to the program stability; there re-light procedures tend to entities in violation of procedural justice; remand of the criteria is not clear, the scope of uncertainty; too much emphasis on the trial-based, and damaged the right to choose the parties of the proceedings; remand the case for a rehearing lack of appropriate control measures and so on. The third part of the system for problems, we propose a sound measure. If the grounds for retrial appropriate restrictions to maintain process stability; increase in the provisions of the parties procedural option, fully reflect the disposition of the parties; through the "procedural control" reasonable guide and regulate the exercise of judicial discretion; on the hair back to the retrial cases retrial increased control measures; on supporting the Perfection and so on.