The Criminal Judicial Of The Principle Of Prohibiting Repeatable Evaluation

Since the ancient Rome,there is a rudiment of double jeopardy.After a long period of evolution,the principle is becoming more and more applicable to various legal fields.There are many specific regulations in Administrative law.And in criminal field,that principle is applicable also.At present,which administration of justice is increasingly completive and mature,protecting each sides’ legitimate rights,especially the accused,is particularly important.In the field of criminal law,double jeopardy has been summed up as "the principle of prohibiting repeatable evaluation".The extensive and correct application of the principle of prohibiting repeatable evaluation can not only guarantee the authority of justice,but also ensure the rationality and instruction of the judicature,and play a decisive role in the wide range of pacify disputes.First,because the principle of prohibiting repeatable evaluation is under the theory of double jeopardy,and prior laws haven’t defined the principle of prohibiting repeatable evaluation effectively.Therefore,that principle is often confused by some investigators in the process of applying.The prohibiting of repeatable evaluation can only be applied to judicial practice accurately when we clarify the concept of that principle.After organizing,concluding and summarizing,through comparing with double jeopardy principle in four aspects of intrinsic meaning,theoretical requirements,applicable conditions and practical significance,sum up the connotation and extension of the principle of prohibiting repeatable evaluation.Second,because there are few discussions on the principle of prohibiting repeatable evaluation in theoretical and practical field,there is a great divergence on its conception and application.Therefore,in the second part of this essay,the author will set out the principle of prohibiting repeatable evaluation in the crime of larceny,the crime of drug and transformed robbery,on the basis of conviction and sentencing.And then make comparison on recidivism,drug recommitment,voluntary surrender,“less serious”,intersection of crimes and larceny accomplished in the aspects of existing dispute in practice and in the aspects of each sides’ theoretical support of their viewpoints,to show the chaotic phenomena on applying the principle of prohibiting repeatable evaluation in judicial practice.The last part sums up the essence of the problem,which is insufficient evaluation and the un-fulfillment of reasonable implementation of the criminal law.At the same time,three general requirements are put forward for reasonable application of the principle of prohibiting repeatable evaluation,which are correctly understanding the original intention of legislation,distinguishing between discipline violation and crime,and correctly handling the relationship between conviction and sentencing.Based on these three points to solve the practical problems that proposed in the front part,such as the administrative penalty and party disciplinary punishment should not be evaluated on equal value;any crime should not artificially set the threshold on the level of overtop nor low over,the principle of rational implementation should be adhered to at the time of defining the crime,indulge in crime without the so-called identity;if transformed robbery involving in conversion factors is sufficient to affect conviction and sentencing of the crime,then in next step,it should not be used again;It is not appropriate for the recidivist to identify the previous record;Drug-related recidivism should be identified at the same time,but give a heavier punishment,and so on.