On The Initiation Of The Criminal Trial Supervision Procedure

Our country’s law has been systematically designed for the discovery and correction of criminal cases,mainly the trial supervision procedure.The trial supervision process,also known as the retrial procedure,refers to the people’s court,the Procuratorate for the legally effective judgments and rulings,found that in fact or in the applicable law is indeed wrong,ex officio and by the people’s court to re-trial the case Proceedings.Trial supervision procedures to start the way for the court to take the initiative to retrial,prosecutors protest start two kinds of retrial.The prosecution has played an important role in the case of the verdict that has been in force,and the complaint is a right of the citizen to give the law.Criminal complaints in the reality of the court to take effect against the court ruling the majority of complaints.In the current practice of criminal prosecution judicial practice,the parties do not act as the main body to start the trial supervision process.Many applicants’ applications have been neglected or applied.After the application is made,it is difficult to prove that the protest is difficult to become a criminal complaint.Appeals cases,the prosecution filed a protest,start the trial supervision procedures for the analysis.The first part of this article is to sort out the law of the procedure of the trial supervisory procedure,to clarify the main body and start procedure of the start-up main body and the procedure of initiating the trial supervision procedure between the different initiating subjects,because the different receiving organs lead to the start of the retrial organ Between the conditions of the start of the case to ask for different cases,resulting in the jurisdiction of the proceedings of the confusion.The second part defines the meaning of the criminal complaint and compares it with the definition of different appeals in the current criminal procedure law.It expounds the difference between the criminal complaint and the general complaint in the current criminal procedure law.The author analyzes the current situation of the protest situation and the specific predicament of the procuratorial organ to start the trial supervision procedure due to the complaint,and analyzes the existence of the criminal complaint case in the criminal complaint case.Problems,and the shortcomings of the existing criminal complaint system.The third part is the main body of the complaints from the country,the reasons,the deadline,procedures,etc.,to introduce the country’s retrial system,and China’s current criminal complaint system to compare,pointing out that China’s retrial system,especially its start-up procedures and national review procedures similarities and differences,Analysis of the Reference Significance of States’ Retrial System.The fourth part puts forward some suggestions for the practice of retrial in the case of retrial of the present criminal complaint,and reduces the standard of filing the criminal complaint,distinguishes the difference between the retrial and the reason of retrial,and makes the criminal complaint really play its wrong case The role of relief.And to reflect on the situation in the case of criminal appeals to reflect some of the functions of the procuratorial organs in the remedy of the wrong case,with reference to the experience of the foreign relief system and the wrong way to find the channels,correct the way,review the main body,put forward how the prosecution to better perform Supervision,relief function of the proposal.The third part is the main body of the complaints from the country,the reasons,the deadline,procedures,etc.,to introduce the country’s retrial system,and China’s current criminal complaint system to compare,pointing out that China’s retrial system,especially its start-up procedures and national review procedures similarities and differences,Analysis of the Reference Significance of States’ Retrial System.