The Research On Repeated Prosecution After The Verdict Of Innocence

In 2012,the revision of the Criminal Procedure Law and a series of upsurge of judicial reform,the procedural fairness and human rights guarantees have been brought to an unprecedented height.However,due to our country’s long-term guiding principles of “nothing is wrong,every mistake must be corrected”,unique Chinese characteristics of procuratorial supervision system,and people of justice of the "truth" and so on,the repeated prosecution phenomenon in the judicial practice still exist.After the acquittal of repeated prosecution as a kind of typical repeated prosecution phenomenon,there is no denying that it can find the truth,maintenance entity justice,but also because of deviating from the principle of presumption of innocence,infringing on the rights of the accused person,damaging the authority and stability,was widely criticized.This article embarks from the legislation and practice two Angle.Through the analysis of repeated prosecution after acquittal this extremely Chinese characteristic form of repeated prosecution,analyze its legality,validity,in order to provide a prosecution mechanism of the reform train of thought.In addition to introduction,conclusion,reference and acknowledgements,this paper has five parts.The first part starts from practice.Through the analysis of typical cases,the concept of repeated prosecution is introduced to clarify the difference between re-prosecution and repeated prosecution.The similarities and differences between repeated prosecution procedures and retrial procedures after acquittal decisions are clarified,laying the foundation for subsequent analysis.The second part is the normative analysis.Through the meticulous analysis of the articles of law and relevant judicial interpretations,the legal basis for the repeated prosecution after the acquittal judgment in China and the reasons for legalization are explored.Although a few crude judicial interpretation clauses can be used as the legal basis for repeated prosecution after a verdict of acquittal,due to the lack of specific rules for the operation of procedures,the abuse of repeated prosecution is possible.The third part the value analysis,based on national conditions,comprehensively consider the legitimacy of repeated prosecution after acquittal decisions from various angles such as human rights,justice and efficiency.It is undeniable that repeated prosecution is conducive torealizing substantive justice,safeguarding the rights and interests of victims,and stabilizing social order.At the same time,it also impacts the verdict and judicial authority of a verdict on innocence and infringes upon the rights of the person being prosecuted.The fourth part sorts out reform ideas,straightens out the relationship between the verdicts of acquittal and repeated prosecution,and clearly stipulates that retrial is the main method of correcting mistakes in China.At the same time,in light of national circumstances,we should reasonably regulate our country from the perspective of crime control and due process.Repeated prosecution procedures to strengthen the protection of the rights of the person being prosecuted.In the fifth part,referring to the experience of dealing with similar issues outside the domain,combined with our country’s judicial practice,we propose specific suggestions for improving the repeated prosecution after the innocence judgment in China.The repeated prosecution after a verdict of innocence cannot be completely banned,but the necessary regulations should be carried out.The starting conditions for the initiation of repetitive prosecution procedures,the scope of application,the starting body,and the start-up time limit must be clearly defined,and related supporting systems should be perfected to reflect Chinese characteristics and adapt to China’s national conditions.