Criminal Judgment Res Judicata Study

In modem theories of procedural law, res judicata is a basic concept concerning the validity of judgments. The connotation and procedural rules of res judicata has long been famed as 'Bible interpreting validity of modem court decisions' abroad. However, in the realm of criminal law, due to lack of systematically academic support, criminal judgments have not been effectively bound by res judicata consequently. In order to guarantee judicial authority, raise litigious benefits and safeguard human rights, it is obviously important to emphasize the study of res judicata theory of criminal judgments.The thesis consists of six parts, is about 50 thousand words. Mord details are as follows:Part one makes clear the fundamental meaning of res judicata, then is an introduction of the historical development of the principle of res judicata from Ancient Rome until modern litigation . Meanwhile, this part makes a comparative analysis of the theory of res judicata and non bis idem.Part two focuses on the range of function , that is :its subjective range, the objective range and its effect on civil procedure. The subjective range deals with the function of res judicata aiming at which persons, the objective range is the most important part in the range of the theory of res judicata, deals with the function aiming at which cases. Res judicata of judgement can not forbid the clients to issue the civil procedure, but the civil judges should be bound by the res judicate of criminal judgements.Part three points out the core value of the theory of res jucicata. In order to guarantee the validity of prosecution and maintant the order and safety of society ,the theory of res jucicata is necessarily to ensure judicial authority. On the other hand, the theory of res jucicata is also need to realize the objects ,likes safeguard of human rights and litigious efficiency mainly.Part four mainly concentrates on the justifications of res jucicata. On the basis of comprehensive presentation of various theories concerning justifications of criminal judgment's res judicata,the author puts forward this conclusion: as an effect in the system, the justifications not only come from the requisition of structural stability ,but also come from the procedural ensurance for parties inlitigations.Part five states the channels of elimination of the res judicata of criminal judgment. In worldwide criminal procedures ,almost every country makes provisions to set extraordinary relief channels in order to remedy the inevitable errors in the criminal judgments. One is retrial system, one is extraordinary appeal system.Part six is the most importmant part in the thesis,stressse on the construction of res judidcata of criminal judgments in China After reviewing present criminal procedure and the criminal trial practice,the author realizes that the criminal judgements in our country have not bound by res judicata. Then the author analyses the defects ror its unadoption and the reason why we didn't adopt it ,and presents that our country should adopt this principle: one is to establish a conception in people's mind that the criminal judgements should have res judicata; the other is to safegard res judicata of criminal judgements in structure. Eventually ,the author put forwards some suggestions to perfect the retrial system in our country.