The Application Of The Principle Of No Longer In The Criminal Procedure Law

Anymore about the principle,as a basic principle of criminal trial,is the legal system in developed countries are identified and adopted outside of system,has formed a wide range of consens us in the international scope. It originated from the Roman law in the"second case not litigation" system, after years of development and after deposition,evolved to an important not only the most major countries as a basic principle of criminal procedure rules. Contrapose so along different directions, respectively of the civil law of res judical is no longer manage principle and the principle of prohibition against double jeopardy of Anglo-American law system, the two big law banned for two brings forward the accused based on the same facts. But the difference is that the civil law of the principle of anymore emphasize judgment of res judicata is stable and the principle of prohibition against double jeopardy of Anglo-American law system emphasize the rights of the defendant. This article through four parts discusses the criminal lawsuit principle applicable anymore. The first part based on the principle of legal basis anymore details, from the legal level understanding of the principles of specific content anymore. Contrapose to the second part, through the comparison of many sided, this paper expounds the problems of the two law systems is no longer manage the research status of different, more deeply understand the reason in the world no longer applicable. The third part expounds the principles in all aspects of the proceedings in our country anymore as prosecution, trial, situation of application of retrial stage deeply analyzes the attitude toward arymore about principles apply.Anymore about the fourth part discusses the principles in our country the status quo,existing problems and Suggestions. Article analysis and demonstrates the modern criminal lawsuit system of theoretical basis of the principles and procedures applicable anymore, as well as in the modern criminal procedure values, under the influence of freedom, security and efficiency, the principle of adjustment and balance in the applicable anymore. China since ancient times there is no idem system, but in the present situation,regarding the establishment of China no longer principle has become represent the general trend and the current legal environment, our country has also been mature, can establish the principle of non bis in idem. Of course, the establishment of a China idem principle should be actual conditions of our country, because of continental law system and close reason, can be considered as a matter of the continental law system no longer principle based on reasonable and Anglo American law system the principle of prohibition of double jeopardy. The establishment of the principle of no longer is a systematic project, need to change people's traditional thinking habits, but also need to establish a series of supporting system.