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Against Repeated Prosecution Principle Study

Posted on:2012-07-20Degree:MasterType:Thesis
Country:ChinaCandidate:R ZhangFull Text:PDF
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In criminal action, the principle of "Non Bis in Idem" and "Prohibited Double Jeopardy"are crucially important and fundamental throughout the entire criminal prosecution and trial process.I think the two principles can be generalized as " The principles of no repeated prosecution ". "Repeated pleadings" is very important issue of throughout the trial procedures.Because fairness and efficiency are of equal importance, it is an important issue to establish " The principles of no repeated prosecution " in the criminal law. So it has both theoretical and practical significance to discuss this issue.This article is divided into five chapters, The first chapter describes the concept and connotation of repeated prosecution and to define the specific meaning of repeated prosecution, That in criminal proceedings, the prosecution of the same defendants for the same crime, the prosecution brought for the first time after the end of another in the prosecution re-filed before or after the close of prosecution, leading to the existence of parallel superimposed on the same case or two before and after the multiplexing prosecution. The second chapter describes the historical evolution against repeated prosecution and trends, mainly through the investigation against repeated prosecution in civil law and common law in the context of development and in the United Nations and other international organizations in the provisions on the prohibition of repeated prosecution obtained repeated recourse against the trend. Chapter three made value analysis prohibits repeated prosecution, first described repeated recourse against values, and then a detailed analysis of its freedom, efficiency, reflected the value of protection of human rights. Chapter four sets out exceptions to recourse against duplication and to analyze the reasons for the existence of exceptions and legal basis—balance of interests, also introduced in two legal cases on the specific exceptions. The fifth chapter is the focus of this article, the chapter focuses on the prosecution against repeating the establishment and application in China, the first example of a repeat prosecution in the common judicial practice of China's problems; Further analysis of the prosecution and then repeat the reasons for the persistence and the impact of judicial practice, criminal procedure and objective guidelines for the error conditions are not ripe and long-term "heavy physical than procedure," the idea is to lead to prosecution repeated root of the problem; Finally, the repetition of criminal proceedings in the prosecution of the problem to design solutions that fit, I believe that, given China's legislative mode, should the principle of non bis in idem prohibits the establishment of repeated prosecution system.
Keywords/Search Tags:no repeated prosecution, prohibited double jeopardy, non bis in idem
PDF Full Text Request
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