China’s Criminal Procedure Law provisions on criminal retrial, only five, and are a general requirement, the lack of maneuverability, there are too many uncertainties on the applicable law. First, in the People’s Court, People’s Procuratorate to start the retrial procedure, the grounds are known as the “definite error”, but “definite error” specific, there is no explicit provision. Secondly, according to the provisions of the Criminal Procedure Law, the parties put forward new evidence is the reason of a statutory start retrial procedures, but finds that the new evidence does not solve the problem in the judicial practice and legislation. Third, our Code of Criminal Procedure is filed the retrial procedure subject to different classification standards for the retrial reason. Retrial filed by the principal, including the accused and their legal representatives, near relatives, have the subject qualification, but do not have the power of retrial procedure started directly, so set the drawbacks is unable to give the defendant the protection of human rights. Setting of the grounds of criminal retrial should be clearly established the prohibition of double jeopardy principles, but can not copy the Anglo-American legal systems, mainly for reference, the absorption of the prohibition of double jeopardy principles embodied in the concept of the protection of human rights embodied in the criminal retrial grounds of judicial and legislative settings. Wrong case accountability system has a positive meaning, but its operation mode of administration and the existence of a series of negative effects, contrary to the trial work. I believe that it can be incorporated into the disciplinary system for judges, and further improve the disciplinary system for judges and their supporting systems. Criminal retrial procedure has a significant place in the Code of Criminal Procedure, which should be kept to a scientific, rational, and the right attitude.
Key words： Criminal Trial The grounds of criminal retrial Appeal
New evidence Protection of human rights