论刑事再审理由中的“新证据”.pdf

Abstract As the “valve” for starting the criminal retrial procedure, Criminal retrial reasons not only could balance the truth findings and the “res judicata”, but also could achieve the relief of the criminal retrial procedure; it is one of the core issues in the criminal retrial procedure. Criminal retrial reasons have their own different characters because of the different values, legal traditions, and social systems in Countries around the world. However, new evidence is the most common reason to starting the criminal retrial procedure in most countries. Since the new evidence is the most common reason for criminal retrial, it will decide that the vast majority of criminal retrial cases whether are started. In other words, the new evidence is the most “key” to open the door to the criminal retrial procedure .Thus the new evidence is the scientific definition of a scientific and rational reason to set the key to the criminal retrial. In our country, Criminal Procedure and related judicial interpretation provide that the parties and their legal representatives, close relatives can apply according to the new evidence, the prosecution also under the new evidence apply for retrial protest. In fact, many criminal retrial cases are that the parties and the prosecution apply for retrial according to new evidence. However, China’s existing legislation provision on the “new evidence” is too simple, the lack of clarity and maneuverability, theorists have not researched this issue in depth also, so there are many problems when justice workers identify the “new evidence” in judicial practice. Defining the new evidence is not only a focal point in the study for the reason of criminal retrial in many countries; it is a difficult point in the study. From abroad,