Research on Criminal Retrial Reason under the Doctrine of Judicial Centralism
WANG Chunjiao;Law School,China People's Public Security Unioversity;
The retrial reason is directly related to the starting standard of the retrial procedure and the subsequent revision,while the stipulation of the criminal retrial reason directly embodies the value balance of the criminal lawsuit in many meanings. However,the starting reason of criminal retrial in our country is still immature in legislation,and there are many defects in practice. Under the background of the universality of the human rights consciousness,the trial-centered doctrine has put forward the new urgent request to the retrial reason system. However,the introduction of the principle of non bis in idem,the analysis of the differentiation of the reasons for the retrial initiation,and the new provisions on the basis of the procedural illegality and the standard of evidence-collecting,seem to be able to realize the balance of law justice and authoritative value embodied in the criminal retrial.
【CateGory Index】： D925.2