under the "four amendments" of criminal law trial, the fate of the case is intertwined in the judicial process

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"the entire judicial system is facing huge challenges." a lawyer analyzed that the legal procedures and conflicts of interest in the case retrial phase need to be further explained and improved at the legal level to provide practical guarantees for the fair trial of the case.

lawyer wang qiwen pointed out in his article that if a case is sent back to the original court for retrial after discussion and decision by the judicial committee, the judge of the court may not be able to guarantee a fair trial. he believes that if a case decided by the judicial committee is sent back to the original court for retrial, the case will be deprived of the right to be discussed and decided by the judicial committee again, and there is a possibility of judgment before trial, "making the case lose the possibility of innocence." this also needs further explanation and improvement at the legal level to provide guarantees for the fair and just trial of the case.

in recent years, with the implementation of the "four revisions" of the criminal procedure law, the trial committee's right to discuss and decide cases has been given greater importance, but it has also triggered some legal disputes involving case retrial, judge recusation and procedural issues.

in judicial practice, some cases reflect the complexity of this issue. for example, in 2013, relevant personnel of the dengzhou city court in henan province published an article online stating that "for cases decided by the first instance court after discussion by the trial committee, the second instance court can maintain the original judgment, change the judgment, or even instruct other courts of the same level as the original court to hear the case, but it cannot send the case back to the original court for retrial." however, with the continuous development of judicial practice, this issue has attracted more and more attention.

in recent years, the xin county court of henan province has also proposed that when a case is sent back for retrial by the trial committee, it can be sent to other courts of the same level for trial. these suggestions reflect the recognition and thinking of some judicial organs on the discussion and decision-making power of the trial committee in the case retrial stage.

in addition, similar voices have also been heard within the judicial community. for example, some legal scholars and lawyers believe that cases decided by the judicial committee should be judged based on the opinions of the judicial committee and retried by the original court. however, they are worried that if the cases decided by the judicial committee are sent back to the original court for retrial, it will lead to procedural problems and may affect the fairness and impartiality of the case.

in the face of these challenges, judicial organs need to further improve legal and institutional mechanisms to ensure fairness and impartiality in case trials and to safeguard the ultimate justice of the cases.