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The Principle Of Non Bis In Idem In Civil Proceedings

Posted on:2013-05-06Degree:MasterType:Thesis
Country:ChinaCandidate:Y G JiangFull Text:PDF
GTID:2246330395988662Subject:The civil procedure law
Abstract/Summary:PDF Full Text Request
Originated in Roman law, non bis in idem principle has become an important principle ofmodern justice, the principle of conservation of judicial resources, safeguard judicial authority,and to promote procedural fairness plays an important role. However, China’s Civil ProcedureLaw does not clearly established the basic principle of "non bis in idem", the scholars nor theprinciple of systematic research and detailed expositions,which has resulted in the practice ofdouble jeopardy principle apply to and grasp the inconsistency, in the same case during thetrial of civil cases, but subject to different treatment of the phenomenon, undermined the unityof the civil litigation the rule of law, the course of justice and authority to be questioned.Based on this, it is necessary to in-depth discussion on the “non bis in idem” in theory, so asto promote legislation on the principles of, guide the judicial practice on the scientificApplication.This paper proposed a more representative cases of the non bis in idem principle,analysis of non bis in idem principle legislation the absence of judicial practice, which leadsto the exposition of the principle of non bis in idem. Before clearing specific meaning andvalue orientation of the principle, it should determine the definition of “issue”. In this paper,by examining different countries on the principles of legislation and research findings,demonstrate the definition of “issue” systematically in the Litigation Department of the caseand res judicative as the theoretical premise of. Then demonstrate of the non bis in idemmeaning and value orientation more detailed. Finally, on the basis analysis of the status of theprinciple of legislative and judicial, proposed specific comments on how to build and improvethe “non bis in idem”. Eventually formed the main point of this article: in the definition of“issue”, litigation is a stage “subject+object+point of contention” standard, definition of“subjective+objective+time frame” of res judicative stage. At the same time, in therecommendations section of improving the “non bis in idem”, Advocates on the one hand bereflected in legislation, on the other hand should be supporting measures such as theLitigation Department is res judicative system retrial system to be amended and improved.The full text about twenty thousand words, addition to the introduction and conclusion,this paper consists of four parts. The first part of the controversial cases for clues, leads to thefollowing non bis in idem principle, theoretical and empirical analysis. The second part is the key to this article, discusses the definition of “issue” Litigation Department of the case and resjudicative stage of non bis in idem, and the idea of the author of the standard definition of“issue” in the text. The third part introduces the connotation of non bis in idem principle, theorigin and development of value orientation, etc., in general non bis in idem principle ofgenerality described. The fourth part discusses the issue of idem principle in China’slegislative and judicial status and its shortcomings,and put forward my own proposals forreform, in order to truly establish non bis in idem system.
Keywords/Search Tags:non bis in idem, the subject of litigation, res judicata
PDF Full Text Request
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