Failure and Reasons of China’s Petition Procedure for Erroneous Criminal Judgment
Previous studies have focused on regulating the litigation structure of China’s retrial procedure and how to overturn the original effective judgment after a retrial. This paper demonstrates the exercise effect of a petitioner’s petition right from filing a petition to the time before the retrial is initiated from three paths: the court and petition-involved letters and visits. It concludes that the judicial system cost is extremely high for retrial and cassation by petitioning in China. At present, the lack of internal retrial incentive mechanism and absence of external effective supervision mechanism in China have resulted in the basic failure of the system design to initiate a retrial through petitions.