Font Size: a A A

The Non Bis Inidem Of Criminal Litigation

Posted on:2006-02-28Degree:MasterType:Thesis
Country:ChinaCandidate:J G XiaoFull Text:PDF
GTID:2166360155463465Subject:Procedural Law
Abstract/Summary:PDF Full Text Request
The principle of Non Bis In Idem had its origin in "de ademre" in Ancient Rome and was later developed into the theories of res judicata and prohibit double jeopardy. The theory of res judicata is that once a case is finally determined by the court, re-prosecute to the same case is prohibited. The principle of Non Bis In Idem established in the theory of res judicata plays a very important part in ensuring final effect of the court' s rule., defend judicative authority of court, enhance the judicative efficiency. While one thing we must pay attention to is that the theory of res judicatacould not solve the re-prosecute from the accuser before the final ruling is reached. The theories of prohibit double jeopardyis to prevent double endangering the defendant, and to prevent the re-prosecute and establish Non Bis In Idem. The principle of Non Bis In Idem has significant effect in restricting the prosecutor carrying their right, in defendant avoiding suffering when facing strong state body and guarantee the human right of prosecutor. But what does it mean by danger? When the danger emerges? The standard governed by this principle is vague and hard to demarcate. And this theory also has its profound root in culture and institution. The theoryof litigation dependency could solve the re-prosecute before a case is verdict, and with even strong determination, and it is in accordance with the legal culture and system in continental states. China did not establish the principle of Non Bis In Idem in criminal litigation, and the problem of re-prosecute is prominent. We should establish the principle of Non Bis In Idem and related system based upon the theory of res judicata and the theory of litigation dependency in order to protect human right, to defend the judicature authority, to enhance judicature efficiency and to realize justice.
Keywords/Search Tags:non bis inidem, resjudicata, litigation dependency, safeguard human rights
PDF Full Text Request
Related items