The Study Of Repeated Prosecution In The Criminal Justice

Repeated prosecution is a kind of litigant phenomena of prosecuting the same criminal suspect for the same crime he had committed for more than one time, which is initiated by the prosecuratorial organs. For China has not established the rule against double jeopardy definitely, so some repeated prosecutions according to the law are legal, while the others are revolved in the abuse of prosecution for the benefit of the prosecuratorial organs. The latter will not only infract the rights and interests of the accused, but also violate the original intention, harm the authority of the justice, and waste the judicatory resources.On the restriction of the abuse, the foreign countries of Civil Law system through Non bias in Idem, and Common Law system through Forbidding double Jeopardy, prohibit repeated prosecution, and every kind of prosecution reviewing system are established to restrict repeated prosecution. Russia, the country that has the same origin and road in the choice of prosecution with China, also added the provisions of forbidding repeated prosecution in the reform of Criminal Procedure in 2001, in which two times of prosecutions, judgments, convictions or sentences are forbidden, Procuratorial organ's legal supervision over trial is abolished, Procuratorial rights are restricted while the protection of human rights are strengthened. Facing the abuse of repeated prosecution in China, how to set up an efficient restricting mechanism is the most urgent affair in the coming reform of Chinese Criminal Procedure.The first part of this article will introduce the meaning and performances of repeated prosecution. The author discloses the misuse and abuse of prosecution, which infracts human rights from the Procuratorial organs through several criminal cases of Marathon, then fetch out the illegal repeated prosecution of the Procuratorial organs. The second part expounds the harm of repeated prosecution in practice. This kind of behavior will not only infract the rights of the accused, but also go against the original intention of prosecution and the international legal principle Non bias in Idem in Civil Law and the principle of forbidding double Jeopardy in Common Law. It is the provocation to the authority of the judge, and a waste of judicial resources. The third part will analyze the reasons of repeated prosecution. The inner factors include the illogical allocation of the prosecution rights and the illogical estimating criterion of misjudged case in China. The outer factors mainly refer to the disability in restricting repeated prosecution from power, rights, legal systems, and so on. The last part deals with the exploration of settlement of repeated prosecution, which focus on the restriction of prosecution. Set up the proper allocation of prosecution rights and reasonable estimating system of the work of prosecution, consummate the prosecution reviewing system, restrict power with power and rights, strengthen the protection of rights of the accused, and erect the authority of the judge and trial.