As a Beijing lawyer team, Jingsh lawyers have long focused on the litigation activities of the Supreme People's court, including criminal and civil appeals, appeals, retrial and death penalty review. In April 2008, the revision of the new civil procedure law raised the civil retrial from civil rights to procedural rights, thus increasing the judicial supervision of the Supreme People's Court on the trial activities of courts around the world, and playing a positive role in maintaining judicial justice. Comparatively speaking, the reform of retrial as litigation right in the supervision procedure of criminal procedure is relatively lagging behind, but it is also in the process of continuous development. First of all, it is to strengthen the judicial supervision and maintain the judicial unity through the review of death penalty. At present, the revision of the criminal retrial procedure of the criminal procedure law is also in the process of drafting. In practice, the judicial organ also constantly issues judicial interpretation to protect the parties' right to appeal and the role of lawyers. The British lawyer team, taking advantage of its own advantages, has in-depth research on the appeal procedure, retrial filing standard, case trial process and trial ideas of the Supreme People's court. Combined with rich litigation practice and case analysis, it can help the parties to comprehensively analyze and summarize the effective judgment, put forward the best entry point, and make the retrial of the Supreme Court truly become the pursuit of justice by the parties The last guarantee of justice is to safeguard the legitimate interests of the parties to the maximum extent.

1. Current situation of criminal retrial system in China

2. What are the provisions on criminal complaints?

3. Research on the establishment of criminal retrial application system

4. Opinions of the trial supervision division of the Supreme People's Court on several specific procedural issues of criminal retrial

5. Specific provisions of the Supreme People's Court on the trial procedure of criminal retrial cases

6. Opinions of the trial supervision division of the Supreme People's Court on several specific procedural issues of criminal retrial

7. The provisions of the Supreme People's court and the Supreme People's Procuratorate on Several Issues concerning the trial procedure of the second instance of death penalty (for Trial Implementation) shall come into force on September 25, 2006.

8. The decision of the Supreme People's Court on issues related to the unified exercise of the power to approve death penalty cases shall go into effect as of January 1, 2007.

9. Provisions of the Supreme People's Court on Several Issues concerning the review of death penalty cases

10. Provisions of the Ministry of justice of the Supreme People's Court on fully guaranteeing lawyers to perform their duties of defense according to law and ensuring the quality of handling death penalty cases may 21, 2008

11. Review procedure for declassification of death penalty by Vice President of the Supreme People's court

12. The Supreme Court takes the lead in "improving the legal procedure of death penalty review"

13. Provisions of the supreme law concerning the application of the procedure for the suspension of the execution of the death penalty

14. Notice of the Supreme People's Court on submitting the review case that the defendant who has changed the sentence of death penalty according to the trial supervision procedure should execute the death penalty if he intentionally commits a crime during the probation period of suspension of death penalty

15. Opinions on further handling cases in strict accordance with the law to ensure the quality of handling death penalty cases

16. Torture Death Penalty Cases

17. How to write a criminal complaint

1. Current situation of criminal retrial system in China

In 1979, the criminal procedure law was promulgated, which clearly defined the retrial procedure as "trial supervision procedure". In 1996, the revised criminal procedure law absorbed the relevant contents of the retrial system of some countries to further modify and supplement the trial supervision procedure of our country, and shared five clauses to clearly define the initiation, conditions, procedures and time limit of retrial. The court that accepted the protest in accordance with the trial supervision procedure, which had been ambiguous, was clearly proposed to the court at the same level by the Supreme People's Procuratorate and the higher procuratorate that made the effective judgment, and clearly stipulated that the court that accepted the protest case by the procuratorate should form a collegial panel for retrial. If the facts of the original judgment are unclear or the evidence is insufficient, the court at the lower level can be ordered to retrial. It shows that we have no right to reject the protest without trial, and solves the wrong way of infringing the right of protest. At the same time, the four legal reasons for the parties' appeals are specified by means of clear listing, and the time limit for retrial is clearly specified. In addition, the provisions on several issues in the implementation of the criminal procedure law of the Supreme People's court, the Supreme People's Procuratorate, the Ministry of public security, the Ministry of national security, the Ministry of justice and the Legal Affairs Working Committee of the Standing Committee of the National People's Congress, the interpretation of the Supreme People's court, 1 The retrial system has been further developed by the Interim Provisions on the filing of cases by the people's court, the rules of the Supreme People's Procuratorate, the provisions on the review of criminal appeals by the people's Procuratorate adopted in June 1998, and the specific provisions of the Supreme People's Court on the trial procedures of criminal retrial cases (Trial) implemented on January 1, 2002.

2. What are the provisions on criminal complaints?

According to the criminal procedure law of the people's Republic of China and the interpretation on Several Issues concerning the implementation of the criminal procedure law of the people's Republic of China issued by the Supreme People's court, the following points should be paid attention to in the appeal of criminal cases:

1. After examination, the people's court shall deal with the complaints that do not conform to the provisions of article 203 of the Criminal Procedure Law (the parties and their legal representatives and close relatives may appeal to the people's court or the people's Procuratorate against the legally effective judgments and rulings, but the execution of the judgments and rulings cannot be stopped).

2. Generally, the people's court that makes the legally effective judgment or order shall accept and review the appeal. If an appeal is made directly to a people's court at a higher level, the people's court at a higher level may refer the appeal to the people's court at a higher level for examination and handling if it has not been examined and handled by the people's court that has made a legally effective judgment or ruling, and inform the complainant of the appeal; if the case is difficult, complex or significant, or the appeal is still upheld after it has been examined and handled by the people's court that has made a legally effective judgment or ruling The people's court at a higher level may accept and examine the case directly, and the people's court at a lower level may also request that the case be transferred to the people's court at a higher level for examination and handling.

3. After the people's court accepts the appeal, it shall make a decision within three months, not more than six months at the latest. After examination, it is found that Article 204 of the criminal procedure law of the people's Republic of China (hereinafter referred to as "the people's court") applies for a retrial if the complaint made by the parties, their legal representatives or close relatives meets any of the following circumstances:

(1) there is new evidence to prove that the facts identified in the original judgment or ruling are indeed wrong; (2) the evidence used for conviction and sentencing is not accurate or sufficient, or there is a contradiction between the main evidences used to prove the facts of the case; (3) there is a definite error in the application of the law in the original judgment or ruling; (4) when the judges try the case, there are embezzlement, bribery, malpractice for personal gain, and law bending The referee acts. 】In case of any of the circumstances as prescribed, the President shall submit the case to the judicial committee for a decision on a retrial; in case of a complaint that does not conform to the provisions of Article 204 of the criminal procedure law, the complainant shall be persuaded to withdraw the complaint; in case of still insisting on the complaint, a written notice shall be given to reject it.

4. If the complainant is not satisfied with the rejection of the appeal, he may appeal to the people's court at the next higher level. If the people's court at the next higher level, upon examination, considers that the appeal does not conform to the provisions of Article 204 of the criminal procedure law, it shall reject it. If a people's court at two levels submits a complaint after handling it, the people's court may not accept it again without new and sufficient reasons.

5. If the people's court decides to retry a case in accordance with the trial supervision procedure, the execution of the original judgment or order shall not be suspended during the retrial.

6. The time limit for retrial shall be implemented in accordance with Article 207 of the criminal procedure law.