On Bis In Idem Principle

The principle of Non Bis In Idem is an old lawsuit principle, which is originated from the system in ancient Rome that "one case should not to be brought to the court for two times". With the development of modem liberalism and rational doctrine, the value fimdamente of the principle of Non Bis In Idem has already changed. It becomes the basic principle of criminal procedure with comprehensive polyhydric value, and it is adopted by most countries in the world and by a series of international conventions. It comes to be the minimum standard of international criterion in criminal legal practice. With the development in recent years, the principle of Non Bis In Idem tends to be reasonable, relative and differs from each other gradually, countries have established different modes of the principle of Non Bis In Idem according to their own national situations and characteristics. But our country has not established this principle yet, the researches on it are very weak And the retrial system in our country displays its disadvantages day by day. So it becomes necessity to introduce the principle of Non Bis In Idem to our country. In order to fully illustrate and prove the basic views mentioned above, this text is divided into five parts; the concrete contents of each part are as follows:The fist part is a summary of the principle of Non Bis In Idem. Firstly, the author states the different meanings of the principle of Non Bis In Idem, and explains the concept of this principle confirmed in this text, it includes the principle of Non Bis In Idem in continental legal system and the rule against double jeopardy in the common legal system. Secondly, this part does the simple explanations on the relation between the rule against double jeopardy, res judicata and the principle of Non Bis In Idem. Finally, the author explains the value foundations of the principle of Non Bis In Idem in detail.In the second part the paper introduces the content of the principle of Non Bis In Idem in continental legal system and the rule against double jeopardy in the common legal system. The exceptional system of these two principles is also analyzed. Then, the paper gives comparisons of the two principles, concluding their common points and their differences, and analyses the reasons.Hie third part put emphasizes on the current situations and reasons about the principle of Non Bis In Idem of our country. After analyzing the reasons that our country has not established the principle of Non Bis In Idem , including historical reasons and realistic reasons., then the author analyses a series of contradictions that caused by our country's current criminal retrial procedure. And the philosophical defect of prosecuting on the innocent judgment again.Hie fourth part proposes establishing the principle of Non Bis In Idem in our country. It proves the necessities and feasibilities to establish this principle in our country at first Next, the paper analyses the special national conditions and theoretical foundations of our country that the retrial system bases on, and thinks that our country should establish the relative principle of Non Bis In Idem, and imagines its contents briefly.The fifth part proposes some suggestions about establishing the criminal retrial system in our country in order to make it meet the needs of social development's further.