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Research On The Principle Of The Non Bis In Idem In The Criminal Procedure

Posted on:2006-01-20Degree:MasterType:Thesis
Country:ChinaCandidate:Z Q MaoFull Text:PDF
GTID:2166360182466265Subject:Procedural Law
Abstract/Summary:PDF Full Text Request
The principle of non bis in idem have been admitted and adopted by legal system developed country, and have already formed the extensive common understanding at the international level. This principle originated from the system of "one record did not bring a case to court two times " in the ancient Rome law, and developed along different directions in two genealogies of law. In Common Law System, it named "Non Bis In Idem"; and in Civil Law System, it named "the principle against double jeopardy". The same point of two kinds of principle lies in protecting the defendant against the Second prosecution which based on the same fact. The difference between two kinds of principle lies in the interesting choices of the public and the defendant. In Common Law system, the national benefit is more important than the defendant's interesting, however, in Civil Law system, the defendant's interesting is more important. The defendant's interesting is more important. The reasons of the different choices between the two genealogies of law are the different history, culture and the tradition of legal system. Of cause, these choices will change with the development of history.There is not a principle of non bis in idem in our country since ancient times. Presently, the legal system environment has been developed, setting up the non bis in idem principle become possible. Certainly, we should considerate of our country's condition when setting up this principle in our country. Traditionally, our country is close to Common Law as original version; absorb the reasonable place of the kind of Civil Law. The establishment of the non bis in idem principle is a project of system. We should change our traditional thinking and set up a series of related systems.
Keywords/Search Tags:Non bis in idem, protection against double jeopardy, Retrial, Balance
PDF Full Text Request
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