Criminal Bis In Idem Principle Study

The principle of non bis in idem has been universally accepted in the international community and widely applied in judicial systems of many countries. Establishment of this principle in the criminal procedural law reflects one country's condition of the human rights and the level of the legal system.Through the historical development, we finds that the principle of non bis in idem origins from the ancient Roman period. In modern society, the civil law and the common law inherit and develop this principle differently, but they all require that one case cannot be treated again in essence. Though the civil law emphasizes that the judgment cannot be changed after it has been definite, the common law emphasizes that this principle can work during the trial. The principle of non bis in idem has been handed down since the ancient Roman period. There is the inevitable reason for its existence. In slave society, the judgment was looked as the order of the deity, so the judgment was forbid to be changed. In feudal society, being afraid of the power of the emperor made this principle continue existing. In modern society, because people start to respect the human rights and procedure, the value of this principle is re-emphasized .The principle takes on a new look. This principle is positive for the substantive justice,the procedural justice and contributes to improve the procedural efficiency.The right subject of this principle is the same defendant in the two procedures, the duty subject includes prosecutor, judge, litigant and others. On how to define the object of this principle when people apply this principle, "Same conduct" is a good test and it can protect the right of the defendant. The principle of non bis in idem only applies to areas of criminal procedure, which does not exclude the same act against the perpetrator in criminal proceedings and civil proceedings competing. In the rising trend of internationalization of human rights protection efforts, establish the principle of non bis in idem has become a serious problem in the world. Because there are...