中外刑事再审制度比较

A Comparison Between Chinese and Foreign Criminal Retrial System

中外刑事再审制度在发起主体、发起理由、管辖方式、发起时限及次数和改判原则上存在差异。我国应借鉴国外制度设计的价值理念,使再审程序设计做到实体真实和正当程序的统一。

In view of the comparison between Chinese and foreign criminal retrial system such as applying subject, applying cause,due process of law; applying acts, applying time and frequency , the principles of changing the original sentence, we use the value in the institutional design of other countries for reference to unify substantial authenticity and due process of law in retrial procedure.