Criminal Retrial Reason Research

In our country, the criminal retrial procedure is also called procedure for trial supervision.It is a special kind of relief procedure.The main function of retrial procedure setting is to correct the errors in judgment. The criminal retrial starting must be strictly in accordance with the law of criminal retrial reason,and the criminal retrial reason in criminal retrial procedure plays a vital role in our country at present.The criminal retrial reason law is too broad, and the maneuverability is not strong, resulting in frequent start retrial procedure,which directly influenced the judicial authority and judicial credibility."Li Changkui intentional homicide"happen later. Yunnan Supreme Court based on the pressure to "applicable laws having error" reason start retrial,and this behavior in the legal science and law caused great repercussions. Yunnan Supreme Court starting retrial reason of proper become controversial topic,and the main theme in the adoption of the"Li Changkui intentional homicide"analysis, discussing the main content of the high court of Yunnan start retrial whether appropriate, further researching the current situation of criminal retrial reason, defect and perfect measures.This paper studies the main content is divided into four parts.The first part of the case is the simple introduction and the derivation of the controversy over the case.The second part is the focus of dispute problems related legal analysis.This part of the simple discusses the retrial reason’s concept,characteristics, classification and the starting retrial reason analysis of law. The third part is the legislative investigation of extraterritorial criminal retrial reason and the enlightenment to our country. The fourth part is the legal thinking caused by this case.This part mainly studies criminal retrial reason’s theory, basis the present legislation present situation, and the defects of the criminal retrial reason reconstruction.