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The Research Of Ban Repeated Prosecution

Posted on:2017-03-18Degree:MasterType:Thesis
Country:ChinaCandidate:H J ChenFull Text:PDF
GTID:2296330482499856Subject:Procedural Law
Abstract/Summary:PDF Full Text Request
In criminal lawsuit, The two principles of "Non bis in idem"and "Prohibition against double jeopardy" have important status and role, they are the basic principles of criminal prosecution> trial, and in violation of this basic principles in criminal action is the typical behavior of "repeated prosecution". International for repeated prosecution is generally applicable to system anymore. Look from the legislation practice of our country, our country did not explicitly set ban repeated prosecution in criminal action principle, the phenomenon of repeated prosecution almost exists in criminal proceedings each stage, it is to repeat the degree of a design in our country at present.Criminal lawsuit system is gradually perfect, and our country Pay equal attention to the reform of entity justice and procedure justice. Comply with this trend, reseraching the phenomenon of repeated prosecution and establishing ban repeated prosecution has an important significance, therefore scholars in our country pay great attention to this subject, this also is the essence of this article.The first chapter of this article defines repeated prosecution concept, the second and the third chapter introduce the standards of the same crimes in continental law system and Anglo-American law system,and also, the exceptions of ban repeated prosecution.The last chapter is the focus of this article and also a bright spot. First,it introduces the phenomenons of repeated prosecution in each litigation stages briefly. Second, it points out that it is feasible to construct the principle of ban repeated prosecution in our country. Finally, to solve the problems, the article gives concrete suggestions in different stages of the criminal litigation. Throughout the thesis, what it mainly adopts is putting forward problems, analyzing problems, and solving the problems. What’s more, both basic theory research and practical ideas and measures are included in this thesis.
Keywords/Search Tags:The same sin, Repeated prosecution, Ban repeated prosecution
PDF Full Text Request
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