Research On "Non Bis In Idem" Principle

"Non bis in idem" principle is an important action in the principle, the principle of persons from the proceedings several times to bear the cost and tired of First Instance, the conservation of judicial resources, maintaining the consistency of judgement, the court will come only promote the fight, Promote the prestige of the judiciary, the protection of human rights, and other parties have a very important significance. It will also bring some negative effects, such as the right to appeal the restrictions on the parties, not conducive to the discovery of real cases, in criminal proceedings will indulge in the field of criminals, not conducive to combating crime, and so on. Therefore, in idem Construction of the system is to find a balance between the two points, it is necessary to give full play to "non bis in idem" principle of positive ignificance, but also to minimize its negative effects.Through comparative study "non bis in idem" principle in civil law and common law mainly the development of the country, summed up in idem system was the impact of the following factors: the historical period of social, cultural and ideological laws Tradition, purpose and structure, and other proceedings.China's civil laws on the principles of the very rough, the application of that principle without making the standard legislative provisions. The theory and practice sector has also divided, the parties and the courts to handle cases cause great distress.In this paper, the countries of the system is no longer justified on the basis of and draw on national experiences in the part on China's useful to try to improve our system in idem. The innovation in this paper are two: First, the "same thing" that the criteria used, "the same parties, the same transaction, the same request" standards. Second, the parties on the same transaction under the remainder of the request filed the second lawsuit, forced by the former first trial before the Court and the trial.