What are the main principles of the trial supervision procedure in criminal proceedings

That's a tough question.

Features know but I can't find the principle.

Personally, I think it should be not much different from the principles of criminal procedure.

The trial supervision procedure is not a mandatory procedure for every case, but a special procedure that is only adopted under certain conditions, and is dedicated to correcting correct and erroneous effective judgments and rulings, so I think it is similar to the principles of criminal procedure.

This must be consistent with the principles of criminal procedure.

Legal Analysis: Where a people's court discovers that there is a mistake in a case that has already been concluded, it has the right to initiate a retrial of the case in accordance with its trial supervision functions, but the following conditions must be met:

First, the subject initiating a retrial must be the legally prescribed organ exercising adjudication power and public officials. In accordance with China's "Civil Procedure Law" and the "People's Court Organization Law", the organs and public officials who have the right to exercise adjudication power in civil litigation include: presidents and adjudication committees of people's courts at all levels, who jointly exercise adjudication supervision power over the adjudication of their own courts; The Supreme People's Court and the higher people's courts.

Different subjects initiate trial supervision procedures, and the methods and procedures applied are also different.

Second, the object of initiating a retrial must be a judgment, ruling, and mediation document of the People's Yuan that has taken legal effect if it is truly in error. The so-called "genuine error" includes both errors in determining facts and errors in the application of law; This includes both errors in the application of substantive law and errors in legal procedures. If no errors are discovered in an effective judgment of a people's court, trial supervision cannot be initiated.

In addition, where a people's court discovers an error in a judgment that has not yet taken effect, it can only correct the error through the second-instance trial procedures, and cannot apply the trial supervision procedures to initiate a retrial.

Third, the organization with the authority to initiate the trial supervision procedure must issue a ruling to decide on the retrial before the retrial procedure can be initiated.

Legal basis: "Criminal Procedure Law of the People's Republic of China" Article 254: If the presidents of any level of people's court discover that there is a real error in the determination of facts or in the application of law in a judgment or ruling of that court that has already taken legal effect, they must submit it to the adjudication committee for handling. The Supreme People's Court has the right to bring to trial or order a lower people's court to retry a judgment or ruling of a people's court at any level that has already taken legal effect, or a higher people's court to a judgment or ruling of a lower people's court that has already taken legal effect, if it discovers that there is a real error.

The Supreme People's Procuratorate has the right to lodge a procuratorial counter-appeal to the people's court at the same level in accordance with the trial supervision procedures if it discovers that there is a real error in a judgment or ruling of a people's court at any level that has already taken legal effect, or a judgment or ruling of a people's court at a lower level that has already taken legal effect. In cases where the people's procuratorate raises a prosecutorial counter-appeal, the people's court accepting the counter-appeal shall form a collegial panel to retry the case, and may order a lower people's court to retry the case where the facts of the original judgment are unclear or the evidence is insufficient.

1) The concept of trial supervision.

The trial supervision procedure, also known as the retrial procedure, refers to the procedure for the people's court to retry a judgment or ruling that has already taken legal effect, and discovers that it violates the provisions of laws and regulations.

However, it is a special procedure to be applied when a judgment or ruling that violates laws and regulations has taken legal effect and truly needs to be retried. The trial supervision procedure has the following characteristics:

1) The trial supervision procedure is a way for the people's court to conduct trial supervision.

2) The grounds for initiating the trial supervision procedure are statutory. The legally-prescribed reason for the trial supervision procedure is that the people's court's judgment or ruling that has already taken effect is truly in error, and it should be reviewed and decided by the legally-prescribed department.

3) According to trial practice, in cases that have only been concluded by the court of first instance, whether it is retried on its own or by ordering a retrial, the procedures of the first instance are applied, and the judgments and rulings made by the parties may be appealed.

2) The relationship between trial supervision procedures and second-instance trial procedures.

1) The subject of the case is different. The subjects of the second-instance trial procedures are the parties in the first-instance trial procedures, while the subjects of the retrial are the president of the original people's court, the people's court at a higher level, the Supreme People's Court, and the people's procuratorate.

2) The object of the trial is different. The object of trial in the second-instance trial procedure is a judgment or ruling made by the first-instance trial court that has not yet taken legal effect; The object of the retrial procedure is a judgment or ruling of a people's court that has already taken legal effect, which may be a judgment or ruling of a court of first instance or a judgment or ruling of a court of second instance.

3) The grounds for filing are different. When initiating the second-instance trial procedure, as long as the appellant subjectively believes that the first-instance judgment or ruling is in error, he may file an appeal; However, when a retrial is initiated, the president of the people's court, the people's procuratorate, or the people's court at a higher level discovers that a judgment or ruling that has already taken effect violates the provisions of the law and is truly in error, and only then can it decide whether to begin the retrial procedure.

4) The time of the lifting is different. The second instance is a continuation of the first instance, and there is a certain time limit for appeal. The time limit for a party dissatisfied with the first-instance trial to appeal to the people's court at the level above is 15 days; Where a party is dissatisfied with the first-instance ruling, the time limit for filing an appeal with the people's court at the level above is 10 days.

However, the Administrative Litigation Law does not specifically stipulate the time for initiating retrial procedures.

5) The court of trial is different. The second-instance people's court must be the people's court at the level above the first-instance trial court; Retrial cases may be heard by the original court, by the court at the level above the original trial court, or by a higher people's court.

3) The role of trial supervision procedures.

The establishment of trial supervision procedures in administrative litigation is of great significance for correcting the mistakes of the people's courts in violating the provisions of laws and regulations in judgments and rulings that have already taken legal effect, effectively protecting the lawful rights and interests of citizens, legal persons, or other organizations, effectively supervising the exercise of functions and powers by administrative organs, safeguarding the dignity of the state's laws, and supervising the trial work of the people's courts.