Improvement Of The Criminal Trial Supervision System In China

Supervision of the criminal justice system is an important part of our system ofsupervision by law, an important task endowed by the Constitution and the law of thecourt and procuratorate.Criminal trial supervision procedure,,refers to the court,procuratorate finds a legally effective judgment or ruling on facts and law applicationerrors, a procedure is proposed by the relevant subject according to law and the courtof original trial again.It is to correct the wrong, to protect the party especially theaccused person’s legitimate rights and interests, safeguard social fairness and justice,plays an irreplaceable role. However, having said that, with the gradual developmentof China’s socialist rule of law, abuse of the trial supervision procedures are alsoincreasingly exposed. Many scholars have from different aspects, points out someproblems existing in the retrial procedure and put forward some proposals.The defectsand perfection of civil retrial procedure of our proposed some own view.This paper is divided to the following parts:The first part demonstrates the basic theory of our criminal procedure for trialsupervision from three aspects, used to illustrate the validity and necessity for theexistence of the procedure for trial supervision.The second part analyzes the criminal retrial system of the two legal system countriesand from four aspects of subject, the jurisdiction of the court and revision principlesof the two legal systems compared.By comparison, can clearly see the relevantprovisions of the civil retrial system in two legal systems, which are worthy of ourthinking and learning place, also provides a way to improve the retrial system inchina.The third part of the trial from the retrial system afterwards, subject and reason, fouraspects of the court and the trial grade, analyzes some problems and shortcomings ofcriminal retrial procedure in China, pointed out the direction of improvement for thenext step to improve measures.The fourth part puts forward specific suggestions to perfect the corresponding to thethird part enumerates the problems, and puts forward some ideas and opinions, hopingto make our criminal trial supervision system satisfy the fairness and justice demandsand expectations to a greater extent.