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Research On The Construction Of Criminal Res Judicata In China

Posted on:2020-01-07Degree:MasterType:Thesis
Country:ChinaCandidate:W H GuFull Text:PDF
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The theory of res judicata originated from Roman law,which means the final determination of judicial decisions.The theory of res judicata is one of the basic theories of modern litigation.It is a basic concept used in modern litigation law to explain the effectiveness of judgment.It is both a litigation theory and a trial principle.It originated from an ancient Roman law principle,which was inherited and developed by most European countries,and became a basic system generally followed by civil law countries and common law countries.The principle of "disregarding the principle of no matter" and "the principle of prohibiting double danger" are the development of the principle of res judicata in civil law and common law countries.Although they have different concepts,they all have the same or similar value orientation and legislative purpose.As an important procedural principle,res judicata has been adopted by criminal procedural law in most countries because it correctly reflects the objective law of criminal litigation and reshapes the value objectives of modern criminal litigation.In our country,because there has been no concept of res judicata,coupled with the influence of some inappropriate judicial concepts,in the criminal proceedings,too much attention is paid to discovering the facts of the case,while ignoring other legal values,such as the stability value of the law,the value of human rights protection,Litigation benefit value,procedural fair value,etc.In addition to the existence of some deficiencies in the trial supervision procedures,the phenomenon of arbitrarily initiating retrial and arbitrarily refusing to initiate retrial also exists,the legal rights of the parties are not guaranteed,and the effectiveness of judgments in criminal proceedings is not respected and enforced,seriously affecting The establishment of judicial authority in criminal proceedings in China.In order to change this situation,the author suggests starting from the following aspects to rebuild China's judicial authority.First,update the judicial concept,introduce the principle of judging power and respect the judicial authority;secondly,reform the judicial system and improve judicial justice;thirdly,improve the criminal retrial procedure and establish a criminal retrial appeal.
Keywords/Search Tags:Criminal Procedure, Criminal Judgment, res Judicatory Force, Reform of the Judicial System, Retrial Procedure
PDF Full Text Request
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