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Research on Non Bis in Idem Principle

Author: TianYe
Tutor: GaoZuoRong
School: Inner Mongolia University
Course: Legal
Keywords: non bis in idem principle instant deciding case power suing power litigant claim
CLC: D925.1
Type: Master's thesis
Year: 2009
Downloads: 158
Quote: 0
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Abstract


Non bis in idem principle is an important rule ,which can free the litigant from suffering many a suing cost and actions, save judicial resources, defend the trial coherence, strengthen the prestige and protect the party’s legal rights.However, it will bring some negative influeces,like the limit to the party’s suing right,induldging the criminals in the criminal suing field . Therefore, it will find a balanced point in the non bis in idem principle.The thesis concluded some influencing factors in the common law and civil laws, the historical period ,law cultures ,thought traditions, the purposes of suing .China’s civil procedure regulations are very vogue and the criteria has been set up. Which caused great trouble to the party and court?On the basis of non bis in idem principles in different countries, the author made an effort to perfect the rules. the innovative parts of this thesis can be seen in two parts:one,adopt the judging criteria "the same party, the same deal, the same request"two,we should force if the party makes the second suing request on the surplus former problems ,it will be judged by the former court.

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CLC: > Political, legal > Legal > Chinese law > Procedural Law > Civil Procedure Law
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