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Study On The Principle Of Non Bis In Idem In Criminal Procedure Law

Posted on:2008-07-02Degree:MasterType:Thesis
Country:ChinaCandidate:J H ChenFull Text:PDF
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Happening of criminal cases will trigger out the operation of registering, detection and even being prosecuted, so the accused will be convicted or acquitted by the courts in the light of laws in the end. However, in order to maintain the dignity of law and authority of judgement , oppress corruption of justice and protect the lawful rights and benefits of the defendants, the same defendant can not be judged and penalized beyond twice because of his or her own same offense , i.e. the principle of Non Bis In Idem has been prescribed in many countries'criminal procedure law in the world, and even some nations have provided the principle in their own constitution. At the same time, with the increase of sense of human rights and the importance of independent value of procedure, the principle of Non Bis In Idem has been absorbed in some international legal documents and then become an international norm of criminal justice. The principle of Non Bis In Idem that originated from the system of"one record will not bring a case to court twice"and"result of the fixed case"in the ancient Rome law has a long history and finally developed into the principle of Non Bis In Idem on the basis of fixation of cases in Continent Law System and the one on the basis of protection against double jeopardy in Common Law System. The two genealogies of law attach more importance to different terms according to their various legal culture convention and value ideas, but have the same result and goal in the two scopes of respecting the independent inner value of procedure and securing proper interests of the accused.The principle of Non Bis In Idem was not set up in our country's Criminal Procedure Law or avoided in judicial practice as possibly for a long period of time with the influence of judicial customs of emphasizing entity and despising procedure and abnormal value orientation. But the time for fixing the principle of Non Bis In Idem is almost ripe with putting forward of rule by law , propelling in a greater degree of judicial reform and transference of criminal lawsuit ideas in China in the recent years. The author holds that we should revise our country's Criminal Procedure Law according to the legislation mode of Continent Law System first, Common Law System second meanwhile considering concrete national status, and we also should reform the relevant regulations and rules to made the principle of Non Bis In Idem operate better. The author believes, if so, the original goal that the principle protects legitimate interests of the defendant must be realized.
Keywords/Search Tags:Non Bis In Idem, one record will not bring a case to court twice, result of the fixed case, protection against double jeopardy
PDF Full Text Request
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