Establish Of No Additional Punishment Resulting From Retrial Procedure In China

Advancing and implementing no additional punishment resulting from retrial procedure is importance embodiment of success of bourgeois revolution and establishment of democracy. Aiming at bring into effect excruciation to defendant, bourgeois are incessant development and perfect, establish no additional punishment resulting from retrial procedure. Continental law system draw it on Criminal Law, they regulate applicable part , reason limit, process, and it classifies "relatively ism" and "absoluteness ism". Along with change of values, Continental law system and Anglo-American law system adopt different attitude of range basing on different theory and standard. By examining many countries' legislation, we think mat no additional punishment resulting from retrial procedure pay attention to right safeguard of the defendant and prevent lavish of right to prosecute.Establishing no additional punishment resulting from retrial procedure faces a series of problem in China. Firstly, rethinks random additional punishment in retrial procedure in China, indicate bad effect of additional punishment, put forward effective sense on retrial process. Secondly, establishing it must regulate on the legislation and make up retrial procedure from system. It must establish relational nomocracy principle, for example "non bis in idem", "proper restrict right to prosecute", "pro defendente doctrine". On the basis of it, reform Criminal Procedure Law, and reconstruct retrial procedure, consisted of retrial principal part, reason, time and degree etc.