Research On The One Case Not Tried Twice Doctrine

The One Case Not Tried Twice Doctrine is a time-honored principal originating from the Roman Law. The basic meaning of the One Case Not Tried Twice Doctrine is that the Criminal Defendant should not be tried twice. The doctrine has become the foundational principal of Criminal Procedure Law in both Civil Law System and Common Law System. The doctrine is called The One Case Not Tried Twice in Civil Law System, while called Principle of Prohibition Against Double Jeopardy in Common Law System. In this day and age, it has became a modern spirited law fundamental by which we can evaluate various forms of interests. It not only regulates the relations between Procedure Justice and Substantial Justice, but the combating crime and protecting human rights.The dissertation consist of four parts. The Part1 introduces the concept, history, legislations of Continental Law System and Common Law System, eventually analyses the difference from Principle of Prohibition Against Double Jeopardy. The Part2 illustrates the components of the One Case Not Tried Twice Doctrine, then introduce the Criminal Retrial System and the inherent meaning of the doctrine. The Part3 put emphasis on its theatrical foundation theoretical and value. The doctrine plays a vital role in equality, efficiency and human right protecting. Lastly the author asserts that Re-building the Criminal Retrial System is extremely necessary in China currently.