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

Rukeya Abudureyimu

doi:doi:10.11648/j.ijls.20210402.16

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

Rukeya Abudureyimu

Published in International Journal of Law and Society (Volume 4, Issue 2)

Received: 9 April 2021 Accepted: 22 April 2021 Published: 8 May 2021

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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.

Published in	International Journal of Law and Society (Volume 4, Issue 2)
DOI	10.11648/j.ijls.20210402.16
Page(s)	94-99
Creative Commons	This is an Open Access article, distributed under the terms of the Creative Commons Attribution 4.0 International License (http://creativecommons.org/licenses/by/4.0/), which permits unrestricted use, distribution and reproduction in any medium or format, provided the original work is properly cited.
Copyright	Copyright © The Author(s), 2021. Published by Science Publishing Group

Keywords

Retrial Procedure, Remand for Retrial, Limited Application

References

[1]	The data for this article are derived from a statistical analysis of the statistical tables in the Law Yearbook of China on the number of retrial cases heard by courts nationwide in 2000-2018.
[2]	Criminal Judgment of the Luquan District People's Court of Shijiazhuang City, Hebei Province (2018) Ji-0110-Xing-Zai-1.
[3]	Cheng Xiangpeng. A Monograph on criminal retrial procedure [M], China University of Political Science and Law Press, 2018.
[4]	Gu Xiaofang. Research on the system of retrial in criminal retrial [D], Southwest University of Political Science and Law, 2014.
[5]	Cheng Weidong (editor-in-chief). The theory of criminal procedure system [M], China Legal System Publishing House, 2011.
[6]	Chu Dianqin. Re-exploration of the function of criminal retrial system——also on the amendment of china "Criminal Procedure Law" [J], Shanghai University Journal (Social Sciences Edition), 2014 (01): 56.
[7]	Jiang Bixin. The concept, policy and mechanism of criminal ltrial [M], People's Court Press, 2019.
[8]	Ma Kang. The study on the system of criminal retrial ——the analysis of duty crime cases [J], Journal of Railway Police College, 2020 (01): 82.
[9]	Chen Ruihua. Problems and doctrine in criminal procedure [M], China Renmin University Press 2011.
[10]	Li Xiaoxiao. The independent characteristics and double limitation mode of civil retrial procedure [J], Jurist, 2016 (03): 105.
[11]	Wang Minyuan. Criminal Procedure Law [M], Intellectual Property Press, 2013.
[12]	Guo Hua. Methods of confirming case facts [M], China People's Public Security University Press, 2009.
[13]	Shi Lin. Amendment and control of the Judge'spre-see bias in the facts of the case [J], Law and Business Research, 2018 (04): 71.
[14]	Guo Hua. Theoretical review and rule restatement of no punishment for doubtful [J], Tribune of Political Science and Law, 2021 (01): 164.
[15]	Li Ci. Research on the way to start the criminal retrial procedure in china [J], Jiangxi Social Sciences, 2015 (03).
[16]	Chen Ke. Discussion on the possibility of error injustice [J], Law Science, 2020 (12): 80.

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APA Style

Rukeya Abudureyimu. (2021). The Reflection and Reconstruction of the Remand for Retrial in the Criminal Retrial Procedure. International Journal of Law and Society, 4(2), 94-99. https://doi.org/10.11648/j.ijls.20210402.16

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ACS Style

Rukeya Abudureyimu. The Reflection and Reconstruction of the Remand for Retrial in the Criminal Retrial Procedure. Int. J. Law Soc. 2021, 4(2), 94-99. doi: 10.11648/j.ijls.20210402.16

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AMA Style

Rukeya Abudureyimu. The Reflection and Reconstruction of the Remand for Retrial in the Criminal Retrial Procedure. Int J Law Soc. 2021;4(2):94-99. doi: 10.11648/j.ijls.20210402.16

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@article{10.11648/j.ijls.20210402.16,
  author = {Rukeya Abudureyimu},
  title = {The Reflection and Reconstruction of the Remand for Retrial in the Criminal Retrial Procedure},
  journal = {International Journal of Law and Society},
  volume = {4},
  number = {2},
  pages = {94-99},
  doi = {10.11648/j.ijls.20210402.16},
  url = {https://doi.org/10.11648/j.ijls.20210402.16},
  eprint = {https://article.sciencepublishinggroup.com/pdf/10.11648.j.ijls.20210402.16},
  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.},
 year = {2021}
}

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TY  - JOUR
T1  - The Reflection and Reconstruction of the Remand for Retrial in the Criminal Retrial Procedure
AU  - Rukeya Abudureyimu
Y1  - 2021/05/08
PY  - 2021
N1  - https://doi.org/10.11648/j.ijls.20210402.16
DO  - 10.11648/j.ijls.20210402.16
T2  - International Journal of Law and Society
JF  - International Journal of Law and Society
JO  - International Journal of Law and Society
SP  - 94
EP  - 99
PB  - Science Publishing Group
SN  - 2640-1908
UR  - https://doi.org/10.11648/j.ijls.20210402.16
AB  - 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.
VL  - 4
IS  - 2
ER  -

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Author Information

Rukeya Abudureyimu

The School of Law, Central University of Finance and Economics, Beijing, P. R. China

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APA Style

Rukeya Abudureyimu. (2021). The Reflection and Reconstruction of the Remand for Retrial in the Criminal Retrial Procedure. International Journal of Law and Society, 4(2), 94-99. https://doi.org/10.11648/j.ijls.20210402.16

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ACS Style

Rukeya Abudureyimu. The Reflection and Reconstruction of the Remand for Retrial in the Criminal Retrial Procedure. Int. J. Law Soc. 2021, 4(2), 94-99. doi: 10.11648/j.ijls.20210402.16

Copy | Download

AMA Style

Rukeya Abudureyimu. The Reflection and Reconstruction of the Remand for Retrial in the Criminal Retrial Procedure. Int J Law Soc. 2021;4(2):94-99. doi: 10.11648/j.ijls.20210402.16

Copy | Download

@article{10.11648/j.ijls.20210402.16,
  author = {Rukeya Abudureyimu},
  title = {The Reflection and Reconstruction of the Remand for Retrial in the Criminal Retrial Procedure},
  journal = {International Journal of Law and Society},
  volume = {4},
  number = {2},
  pages = {94-99},
  doi = {10.11648/j.ijls.20210402.16},
  url = {https://doi.org/10.11648/j.ijls.20210402.16},
  eprint = {https://article.sciencepublishinggroup.com/pdf/10.11648.j.ijls.20210402.16},
  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.},
 year = {2021}
}

Copy | Download

TY  - JOUR
T1  - The Reflection and Reconstruction of the Remand for Retrial in the Criminal Retrial Procedure
AU  - Rukeya Abudureyimu
Y1  - 2021/05/08
PY  - 2021
N1  - https://doi.org/10.11648/j.ijls.20210402.16
DO  - 10.11648/j.ijls.20210402.16
T2  - International Journal of Law and Society
JF  - International Journal of Law and Society
JO  - International Journal of Law and Society
SP  - 94
EP  - 99
PB  - Science Publishing Group
SN  - 2640-1908
UR  - https://doi.org/10.11648/j.ijls.20210402.16
AB  - 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.
VL  - 4
IS  - 2
ER  -

Copy | Download