Abstract: The criminal direct retrial is often used in the criminal retrial system,but now it is loosely still in the legislation practice.Even in the academic circles,the criminal direct retrial is seldom involved or studied,because it is included in criminal justice supervision procedure.The legislation of criminal direct retrial has been revised and improved in the new criminal procedural law passed in 2012.However,from the perspective of jurisprudence,the birth defects of the criminal direct retrial has not been remedied,and there are still many dilemmas in both theory and practice.

Key words: new criminal procedural law, criminal direct retrial, procedure defects