Criminal Retrial Starting For Research

“Scientific definition of judicial errors”and“limitation of correcting errors”arethe two issues of concern in criminal retrial procedure improvement."Scientificdefinition of judicial error”"is the premise of error correction. And limitation of errorcan be transferred to elements of filing cases of retrial---cause of start of retrial. But inorder to maintain Res Judicata of effective judgments and freedom and rights, all theerrors cannot be reheard in a large scale. Then error correction is involved in.Establishment of causes of retrial is inevitably connected with two principles---“Nonbis in idem” and “Protection against double jeopardy”. Definitely, causes of setting upretrial are exceptions and supplement of these two principles. These three complete therealization of value goals of social order.Argument structure of this thesis can be generalized as:First part: Basic theoretically issues of setting up criminal retrial procedure.Through historical research of two principles---“Non bis in idem” and “Protectionagainst double jeopardy”, define its respective value goals and generation of exceptionsand elaborate value goal which produces a profound impact on causes of setting upretrial.Second part: Because France, Germany, Italy, Japan, Russia, British, America aretypical representatives during the process of contemporary rules by law. This part willstudy regulations which include causes of setting up criminal retrial of these sevencountries. Understand and analyze these features from a specific and microscopic levelin order to embody abstract “exception regulations”. At last, this can cause that weprovoke these problems. This part is the bedding of the third part which will beelaborated as following.Third part: Introduce basic ideas and legislative representation of existinglegislation of our country firstly. Combining with regulations of above-mentionedcountries about causes of setting up criminal retrial, reflect theoretically and reviewpractically existing problems about system design of criminal retrial procedure in ourcountry.Fourth part: This part is the importance of this thesis. Starting with analyzing causes of setting up criminal retrial systematically, try to design for content and selectessential factors of causes of setting up criminal retrial in our country. Above all, lawsuittarget of criminal control and civil rights protection is the aim.