Empirical Study on the System of Criminal Second Trial and Retrial
The system of remanding for retrial in criminal second instance combines the dual functions of safeguard-ing human rights and judicial supervision.However,in the operation of the system,it has been alienated into chaos such as remanding for retrial without a court hearing,unclear standards for remanding for trial,unclear judicial reasoning,and a higher application rate of remanding for retrial than changing judgments.The preset functions of protection and supervision in the system cannot be realized.In the context of the re-vision of the new Criminal Procedure Law,we should improve the system of remanding for retrial in crimi-nal second instance in the spirit of presumption of innocence.Firstly,improve the regulations on substan-tive and procedural remanding for retrial in terms of the criteria for remand;Secondly,in terms of trial methods,a court hearing should be held;Thirdly,in the selection of retrial courts,the scope will be ex-panded to other courts of the same level outside the original trial court;Finally,limit the number of times of procedural remanding for retrial.
remanding for retrial in criminal second instancesubstantive reasonsprocedural reasonsempirical re-search
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