On The Improvement Of Criminal Retrial Causes In Our Country

The re-trial system,which original intention of establishment is to correct mistakes in efficient sentences,is the last barrier to realize justice.But if the re-trial system to the efficient sentences were launched,it would damage the Res Judicata and the defendants' rights and interests.Therefore,it is necessary to find a suitable balance point between maintaining Res Judicata,protecting human rights and realizing entity truth.As the start valve for criminal re-trial procedure,the criminal retrial causes,which determine the range of retrial cases,play an important role in balancing various value of the re-trial system.The criminal retrial causes in our country have realized huge progress in the adjustment of the Criminal Procedural Law in 1996 and 2012.However,there are still outstanding problems in the current criminal retrial causes such as the unreasonable stipulating manner,the mix up of favorable and unfavorable causes towards defendants and the vague article expression and so on.The fundamental reason is the guiding concept "seeking truth from fact and correction whenever errors found" and the single value orientation selection.Therefore,based on the conversion of the value concept,we should classify the criminal retrial causes reasonably according to whether favorable to the defendant or not,widen the favorable causes,limit the unfavorable causes strictly and refine the regulations separately to promote the further improvement of the criminal retrial causes in our country.This article is divided into four parts.The first part introduces the theoretical basis of the criminal retrial causes,including the theoretical foundation of the criminal retrial causes outside the domain and the theoretical basis of our country.Through the historical exploration of the principle of non-rationality,the prohibition of double dangers,and the idea of "seeking truth from facts and mistakes that must be corrected," they have clearly defined their respective value goals and their profound influence on the setting of criminal retrial causes.The second part examines the criminal retrial cause rules of a representative extraterritorial law country.Based on comparison and analysis,it summarizes the characteristics of criminal retrials in civil law and common law countries.The third part firstly reviews the development of China's criminal retrials causes and the characteristics of each stage.Then it reviews the main flaws of the existing criminal retrial causes system in China,with a view to triggering this issue.The fourth part takes the transformation of ideas as the starting point,and tries to propose concrete ideas for improving the criminal retrial causes in China from the three levels of concept transformation,mode selection,and system construction.