| The protection from double jeopardy is an old legal rule in the western countries which is normally based on such a moral sentiment that no one shall be prosecuted and obliged to suffer more than once for his one single offence. To date, the rule has been recognized by most of the countries in the world and even by the United Nations International Covenant on Civil and Political Rights (ICCPR). The current Chinese criminal procedure law has not yet stipulated or manifested the rule against double jeopardy. Considering that the Chinese government has signed the UN ICCPR in 1998,the questions such as, how to understand the double jeopardy rule, and whether or how to correspondingly carry out a reform of our country's criminal procedure law, etc.,have already become part of the key questions that require instant study and answers. However, an overall study on the double jeopardy rule has not yet been witnessed in the law circle of our country. This dissertation follows various research methods such as historical and comparative review, case study and value analysis, etc., and is oriented to complete a systematic and in-depth study of the double jeopardy rule. By this paper, the author hopes to be able to provide some annotations for the purpose of policy consideration for our country's ratification of the UN ICCPR, and to do a little bit for the further reform of our country's criminal procedure law.This dissertation includes 3 main parts, and is divided into 12 chapters, embracing about 300,000 words. Its main structure is as follows:The Upper Part: The General Review of the Rule against Double Jeopardy.This part aims to have a study of some general questions concerning the double jeopardy rule following a macroscopic perspective. It includes the following 3 chapters:Chapter 1: The General Concept of the Rule against Double Jeopardy. This chapter begins with an analysis of the main meaning and characteristics of the double jeopardy rule, pointing out that there are three fundamental points with regard to the character of the rule, namely, the rule is a prohibitive rule, a human rights rule and a criminal procedure rule. Followingly,this chapter undertakes a discussion respectively of the interrelationship between the double jeopardy rule and the principle of non bis in idem, and the prohibited target of the double jeopardy rule, pointing out that, as far as criminal procedure is concerned, the double jeopardy rule is inter-referable with the principle of non bis in idem, and the core target of the rule is the state prosecution.Chapter 2: The History and Development of the Rule against DoubleJeopardy. This chapter carries out a review of the early origin and evolution of the double jeopardy rule, and the latest development of the rule in the modern world. The focus of this chapter is to show the universality of the rule and to tell the people that the rule must be treated with attention.Chapter 3: The Justifications of the Rule against Double Jeopardy. This chapter starts with a review of the comments in the modern western countries on the justifications of the double jeopardy rule. Then this chapter, by resorting to the terms of justice, efficiency and human rights, turns to conduct an overall analysis on the reasonableness and legitimacy of the rule. This chapter concludes by indicating that the rule against double jeopardy reflects a moral requirement upon the state to have care of its people and to be prudent and properly restrictive in its imposition of criminal punishment; it meets the value of justice and efficiency, and manifests the spirits of human rights protection, and as a general principle, the rule should be recognized and followed.The Middle Part: The Specific Study of the Rule against Double Jeopardy.This part is oriented to take an in-depth study of the relevant detailed standards and norms with regard to the double jeopardy rule following a microscopic point of view. It embraces the following 6 chapters:Chapter 4: The Procedural Conditions for the Application o...
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