Discusing The Establishment Of The Rule Against Double Jeopardy In China From The Aspect Of Nian Bin Case

Nian Bin had been trapped eight years in jail, experienced ten trials, given death sentence withimmediate execution for four times. Ultimately, he was acquitted by the law. But soon the public security organs took Nian Bin as a criminal suspect again. The public pay wide attention to this case. In this case, we can find three problems: the times of retrail, the legal affect of the final judgment, repeated prosecution after the acquittal. I will analyze the present situation of repeated prosecution in criminal procedure by the Nian Bin case. It reveals four prominent problems: refiling after a withdrawal of public prosecution by the procutorial organs, remanding re-trial with no limit, taking repeated prosecution aftertheacquittal, the problem of trail supervision procedure. The effective way to limit the repeated prosecution is the rule against double jeopardy.The rule against double jeopardyclaims that no person shall for the same crime and suffered more than two criminal prosecution. It already adopted by the most countries’ law. But Our Law of Criminal Procedure didn’t set legislation on the rule against double jeopardy. Our law allow even encourage repeated prosecution and have conflict with the rule against double jeopardy. Via analyzing the present situation of repeated prosecution and using the theories of other countries for reference, we can establish the rule against double jeopardy in China, But it must be fitted for our national conditions. Not all the repeated prosecutions are the targets of the rule against double jeopardy. The targets is the repeated prosecution to the effect-taking judgements. But to the other problems of repeated prosecution, such as remanding re-trial with no limit, we can pefect the related systems by using the connotation of the rule against double jeopardy. It is woth mentioning that the application of the rule against double jeopardy is absolute, but it is relative today in each countries who take this rule. So our application can take pattern of the general prohibition and the exceptions in order to construct a complete system of the rule against double jeopardy.