Abstract:
(Law School, Beijing University of Aeronautics and Astronautics, Beijing 100191, China)Abstract： The criminal retrial system, whose logical premise is a final decision, becomes legitimized when certain serious defects occur in the original procedure, or when its expected functions fail somehow and meanwhile infringe on other significant values, even though the original procedure develops and is completed in accordance with rules. Therefore, from the perspective of the formal rational theory and the rules of procedure, the functions of criminal retrial system can be categorized into two groups: rectification as to fix the defects in the original procedure, and redress as to help restore the balance of values. Reexamining criminal retrial function orientation in terms of rectification and redress, we might better design and implement the specific institutions of criminal retrial, especially the reopening institution. To resolve the problems in the criminal retrial practice, it is necessary to classify and sort out the reopening reasons and to improve the original procedure, which serves as the premise of retrial.
Key words：

Key words:  criminal retrial, function, rectification, redress