The Application Research About The Principle Of Prohibition Of Repeatable Evaluation In Criminal Law

The principle of prohibition of repeatable evaluation is rooted in the value of justice,which is one of the most important principles in the area of the theory and the practice of Criminal Law,however,this principle isn't provided into the Criminal Law until now,and the amount of theories is growing but the study of this principle still in a primary level.The principle of prohibition of repeatable evaluation can be applied in conviction and sentencing,which is filled with vitality and perspectivness across the process of evaluation of Criminal Law.This paper begins with the differences of the principle of prohibition of repeatable evaluation between with the conviction and sentencing,reflects the current situation of the practice of criminal,expounds the directive function for the work of conviction and sentencing,and clarifies the position of which should have among the criminal justice system in our country.This paper can be divided into following parts:Part ?:introducing the principle of prohibition of repeatable evaluation can be applied in both of conviction and sentencing,which can be dated from the ancient Rome law,and develop through the different legislation in many countries of common law system or civil law system,including the theoretical foundation and Values of Justice,the Principle of Legally Prescribed Punishment,and the Principle of the equilibrium between the criminal and punishment.Part ?:introducing the fruits and shorts of implement of the principle of prohibition of repeatable evaluation in conviction,the theories of the constitutive requirements and this principle can join together to help understand the problems of quantity of crime,but the less degree of implement of this principle in the study of inside-structures of a crime would lead to misunderstand the the circumstance and numbers.Part ?:introducing the situation about the absence of the principle of prohibition of repeatable evaluation in sentencing.First of all,generally discussing the improper understanding about the principle of prohibition of repeatable evaluation lead to the absence of the guide for the measurement of penalty.Then,using the principle to analyze and criticize the problem of repeatable evaluation of circumstances of sentencing.Third,by the details of remaining crime undiscovered after completing the penalty execution,comprehensively discussing the exhibitions and consequences of violating the the principle of prohibition of repeatable evaluation,reviewing the thoughts and systems of the measurement of penalty.Part ?:introducing the definite rules designing of the principle of prohibition of repeatable evaluation in the process of the conviction and the sentencing.Continue from Part II and Part III,indicating the specific functions of this principle in the conviction and the sentencing,establishing the material rules about how to put the conviction and the sentencing into effect by the principle of prohibition of repeatable evaluation.Part ?:introducing the Front and Back Behavior that Can't Fine and the Recognition and Execution of Foreign Criminal Judgments which are correlative to the conviction and the sentencing,bringing these into the consideration of the principle of prohibition of repeatable evaluation.