| This thesis is about the principle of double jeopardy, focusing on itsestablishment in China criminal law. The thesis can be devided into three parts andsubdivided into thirteen chapters.The first part is named the Foundation Part, including the frist to the third chapter,mainly discussing the fundamental theory of double jeopardy. The first chapterdistinguishes the similarities and differences among double jeopardy, Non bis in idemand Res judicata, declaring clearly that they cannot be treated as the same and tryingto find the rationality of double jeopardy. The second chapter compares thedifferences of double jeopardy between the Continental law system and theAnglo-American law system, providing different legislation patterns for us. The thirdchapter studies on double jeopardy's historic logic, rational logic and the internallitigation logic, to improve that double jeopardy is of great value.The second part is named the Problem Part, including the fourth chapter to thetenth chapter. This part is the empasis of the thesis, maily discusses the conflictsbetween China's criminal law and litigation practice and double jeopardy principle,and analizes from multiple planes the behind causes, such as the structural causes, thetraditional causes and so on. The six chapters separately points out that justicedependence, political and law logic, nationalism, lack of justice, populism, theprocuratorial system and the Xinfang system are the main obstacles to doule jeopardy.The third part is named the Construction Part, including the eleventh chapter tothe thirteenth chapter. This part mainly discusses the legislative design of doublejeopardy principle in China, also tries to provide workable stratigy and procedure toestablish the principle. The eleventh chapter draws the outline of double jeopardyprinciple's framework, the twelfth chapter points out the ideal preparation for doublejeopardy's establishment, and the thirteenth chapter puts forward the primaryprocedure.
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