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Research on the Principle of the Non Bis in Idem in the Criminal Procedure

Author: MaoZhongQiang
Tutor: CaiJie
School: Wuhan University
Course: Procedural Law
Keywords: Bis in idem Prohibition of double jeopardy Retrial Balance
CLC: D925.2
Type: Master's thesis
Year: 2005
Downloads: 286
Quote: 0
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Abstract


Bis in idem principle is that extraterritorial legal developed countries agree to and adoption system , has formed a broad consensus in the international context . It originated in Roman law in the case of Fuji litigation system development along different directions in the two law systems , respectively, become civil law res judicata bis in idem principle and common law prohibition of double jeopardy principle , the common is to protect the defendant it from two prosecution based on the same facts , the state power . But a clear distinction between the two is that the civil law of non bis in idem principle emphasis on the stability of res judicata , the national interests ahead of the priority position in the national interests and the interests of the defendant both weighed ; whereas common law prohibition the principle of double jeopardy from considering the interests of the defendant , the interests of the accused in a priority position . The reason why these two different choices , different history and culture by two law systems , legal traditions , along with the history of the development of constant change . China since ancient times bis in idem system , but in the present circumstances , the establishment of bis in idem principle has become the trend of the times , and the current legal environment in China has matured , can establish the principle of non bis in idem . Of course , the establishment of the issue is no longer the principle should China's actual conditions , because the sake of closer and civil law , you can consider the issue of the civil law is no longer modeled on the principle , while absorbing the Common Law prohibits double jeopardy reasonable principle . Bis in idem principle the establishment of a system engineering , the need to change people's traditional habits of mind , but also the need to establish a series of supporting systems .

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CLC: > Political, legal > Legal > Chinese law > Procedural Law > Code of Criminal Procedure
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