Research On Non Bis In Idem Principle

On basis of the historical and comparative approach, the author would like in this dissertation to relatively comprehensive analyze and discuss the basic concept, fundamental value and standards for determination of the principle of Non Bis in Idem in this dissertation. Furthermore, the author puts forward suggestions on perfecting Chinese system, after the illumination of the theory of subject matters, litigants, res judicata and analysis of typical cases.The dissertation is categorized into five parts:The first part focus on the basic concept of the principle of Non Bis in Idem by the comparison with the ancient Roman law, the continental system and common law system.The second part focus on the connotations of Non Bis in Idem principle. The non bis in idem principle in civil litigation should be subdivided into two levels. One is litigation effectiveness, as prohibitions to the double jeopardy; the other is the power of decision. The former is non bis in idem principle during the litigation process while the latter happen after the decision.The third part discusses the general relationship between the principle of Non Bis in Idem and Res Judicata on the basis of the analysis of the theory of res judicata's nature. It is very immediate in function and goal between the two systems.The last two part discuss the situation of China.China's civil laws on the principle are very rough, the application principle without making the standards legislative provisions. The theory has also divided, the parties and the courts to handle cases cause great distress.In this thesis, the countries of the system are no longer justified on the base of and draw on national experiences in the part on China's useful to try to improve in this principle.