The Reflection and Reconstruction of the Remand for Retrial in the Criminal Retrial Procedure

Abstract

For quite a long period of time, the research on criminal trial procedures has mainly focused on the theory and practical issues of remand for retrial in the second-instance procedure, and the retrial procedure as a criminal special relief procedure is not paid enough attention. The special relief nature of the retrial procedure determines that the remand for retrial in the retrial procedure should have its own independent characteristics. However, in judicial practice, the remand for retrial in the second-instance procedure and remand for retrial in the retrial procedure are often mixed in application, which has led to an expansion of the application of remand for retrial. This will not only produce circulating trials, cause the decline of litigation efficiency, but also make it difficult to achieve the purpose of criminal retrial procedures. To solve the problems of the remand for retrial system in the criminal retrial procedure, the focus is to regulate and restrict the application of remand for retrial. Therefore, on the basis of analyzing and summarizing the case data of the remand for retrial in the retrial procedure in recent years, this article systematically reflects and discusses the remand for retrial system, and proposes a limited application model, in order to the remand for retrial system play its function without dissimilation.