guiding cases
7.This paper, by analyzing the advantages and disadvantages of "to deem a suspected crime as non-crime" and "to remand a case to the original court for a retrial", proposes some suggestions on the reformation of the latter with the former as the guiding principle with the purpose of eliminating conflicts, maximizing the remedial function of the second instance in criminal cases, and protecting the legitimate rights and interests of the litigants.

