Reflection And Reconstruction Of The Rule Of Prohibiting Double Jeopardy

Nian Bin itself was re-listed as a suspect after being declared acquitted as a victim of an unjust or wrongful case.This case has aroused the attention of the public,and it also reflects many problems in the repeated prosecution of criminal proceedings in China.The best way to limit the repeated prosecution is to establish a double-risk rule.The prohibition of double-risk rule is an ancient principle,and it essentially argues that the same person should not be subjected to more than two times of filing,prosecution,trial,and conviction for the same act.Many countries in the world have this principle,but China's "Criminal Procedure Law" does not have this principle,and even encourages repeated prosecution.It is not uncommon to have provisions that conflict with the prohibition of double-risk rules.This is not conducive to the improvement of our litigation system.This article first analyzes the case of Nian Bin,and focuses on the process of re-listing criminal suspects after multiple trials and acquittal decisions in the case of Nian Bin,analyzing the main controversial issues in the case and its impact on the case;This case leads to the phenomenon of repeated prosecution in litigation practice,which mainly includes four outstanding issues: the issue of remandation for retrial,the issue of repeated prosecution after a verdict of innocence,the issue of prosecution after the procuratorate withdraws the prosecution,and the issue of trial supervision procedures.The issue clearly discusses the background of the rule of law prohibiting the establishment of the dual risk rule.Finally,through comparison and study of the legislative theories and models of the Anglo-American law system and the civil law system,we summarize the enlightenment and reference of the extraterritorial legislation to the establishment of a double-risk rule in China.On the basis of constructing our country's double-risk rule,we will use targeted foreign models and models to make a clear and strict provision for the repeated prosecution of effective referees.For other issues such as unrestricted remand issues,etc.The corresponding provisions should be further improved underthe guidance of the spirit of the prohibition of the dual danger rule.Therefore,in combination with China's national conditions,we adopt a general and exceptional construction model to form a complete system of scientifically regulated and non-dangerous rules with a long-lasting mechanism to achieve protection of human rights and achieve real justice.