Study On Non Bis In Idem Principle And Reform Of Criminal Retrial Procedure In China

The non bis in idem principle originates from ancient Rome law as a procedure principle,which develops to an important principle of modern criminal procedure law.In nowadays,it has been determined as one basic principle for criminal procedure by most countries in criminal procedure legislation,even it’s considered as basic principle of criminal procedure of national treaty in some countries.But,it has not been engaged in the basic principle of criminal procedure in our criminal procedure legislation.By analysis of non bis in idem principle,it puts forward its feasibility in our criminal retrial procedure based on our real situation.Besides,it puts forward how to establish the criminal retrial procedure that is suitable to our real situation so that it may become a reference to the release of relevant legislation and judicial interpretation of criminal retrial procedure in future by referring to relevant legislation of foreign countries of continental law system and British/U.S.law system.There are four parts in this paper.Part Ⅰ:It explains the definition,features,origination and development of non bis in idem principle as well as separates and defines the non bis in idem principle in civil action and criminal action.Part Ⅱ:It performs value analysis of non bis in idem principle to explain the value of non bis in idem principle in criminal actions.Part Ⅲ:It mainly introduces and analyzes the application of non bis in idem principle in foreign criminal actions currently,which could provide reference to the legislation of criminal procedure in China.Part Ⅵ:It’s the key point of this paper.Based on the previous three parts,it explains the feasibility of non bis in idem principle in our criminal retrial procedure law by analyzing the existed problems and its causes of current criminal retrial procedure in our country as well as analyzing the cause why the non bis in idem principle is not applicable to our criminal retrial procedure.Furthermore,based on our real situation,it puts forward the idea and detail program of retrial procedure reform by introducing the non bis in idem principle.