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Case Studies Of Civil Trials "Non Bis In Idem"

Posted on:2013-08-05Degree:MasterType:Thesis
Country:ChinaCandidate:Y ChenFull Text:PDF
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Bis in idem principle from Roman law, the right to appeal the consumption theory regarding the best of First Instance "system, developed to both the legal system of civil law or common law countries have on ne bis in idem basic connotationthe application of a theory after thousands of years of development up to now most of the world’s countries are still applications illustrate the theory itself contains the value can be accepted, with a strong vitality in our country, due to historical tradition, litigation concepts and other factors, the principle of non bis in idem in China and there is no explicit legal provisions in a civil action jurisprudence and judicial practice regarding the understanding of what different.In this paper, a description of the case of a controversial point in real life and judicial practice analysis, historical analysis and comparison summarized on the basis of summing up, the basic meaning of the case at issue "non bis in idem" principle, the value based on criteria issue a more comprehensive analysis and elaboration. Idem with the issue of principle is closely related to the jurisprudence theory, the theory of the subject matter of litigation, and elements of the theory of v. explore the principle of non bis in idem "issue" criteria, and proposed the Perfection of non bis in idem the basic idea of the principle.This article is divided into three parts, the first part of the legal issues and its analysis of case presentations and case response leads to the important case of the reaction bis in idem principle "regarding" different criteria and bis in idem principle of res judicata theory, theory of the subject of litigation, appeal the elements of theory are described; the second part by induction on the elements of theory of the foreign legal system on the non bis in idem norms and v. conclude that the issue in this article do not management principles "regarding the" criteria. The third section presents the recommendations of the Perfection of the issue is no longer the legislative construction of management systems.
Keywords/Search Tags:neb is in idem, res judicata, subject matter of litigation, Actionableelements
PDF Full Text Request
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