Research On The Applicability Of The Principle Of Prohibiting Repeated Evaluation

As an important principle of modern criminal law,the principle of prohibiting repeated evaluation plays an important role in conviction and sentencing.As a basic concept of fairness and justice,it complements and influences each other with the principle of legality.Through the study of the application of the principle of prohibiting repeated evaluation,this paper fully illustrates the importance of this principle.The penetration of this principle plays a decisive role in criminal legislation and criminal justice.It reflects the degree of development of a country's law,the depth of awareness of the legal system,the protection of human rights and the full understanding of fairness and justice.Therefore,it is meaningful to study the principle of prohibiting repeated evaluation.This article discusses the application of the principle of prohibiting repetitive evaluation from the five part.The first part is the introduction of the principle of prohibiting duplicate evaluation.It describes the background and significance of the principle of prohibiting duplicate evaluation as well as the research status and methods at home and abroad and the innovative points of this paper.It comprehensively explores the background source of the principle of prohibiting duplicate evaluation,and introduces the theory of the principle of prohibiting duplicate evaluation into the judicial reality.In the middle of the practice.The second part is the introduction of the content of the principle of prohibiting duplicate evaluation.It expounds the connotation of the principle of prohibiting duplicate evaluation.It holds that the principle of prohibiting duplicate evaluation is to prohibit the second or more evaluation of the same criminal fact,and to prohibit duplicate evaluation with the principle of comprehensive evaluation,the principle of modesty and proportion.The principles are compared and analyzed.The third part discusses the application of the principle of prohibition of repeated evaluation in conviction,fully explores the relationship between the principle of prohibition of repeated evaluation and the concurrence of imaginary concurrent offence and articles of law,thus demonstrating the internal theoretical relationship between "one heavy punishment" and "concurrent punishment for several crimes",and finding the balance point between behavior and punishment from the connection.The fourth part is to discuss the application of the principle of prohibition of duplication in sentencing,and to analyze the problems that should be fully considered in sentencing of different types of crimes from the perspectives of amount crime,identity crime and accomplice,in order to safeguard the fairness and justice of criminals to the greatest extent.The fifth part is the reflection on some problems in judicial practice.It refers to the application of omission,recidivism,the treatment of impunity after the completion of the sentence,and the treatment of the excess parts of the constituent elements in judicial practice.It will conceal the re-evaluation when identifying and sentencing,respectively.The hidden danger of price,so the four problems are discussed in detail.