一事不再理原则与我国刑事再审程序之完善

Improvement of Criminal Retrial Procedure through the Principle against Double Jeopardy

该文探讨了一事不再理原则的内涵、理念基础及其意义。指出作为该原则的一项重要例外,刑事再审程序既与之冲突,又有协调统一之处。并提出我国应顺应历史潮流,在刑事诉讼法中确立一事不再理原则,并相应地完善我国的刑事再审程序。

As an important rule of modern criminal procedure, prohibition against double jeopardy is holding in store with many values, such as seeking human rights protection and procedural justice. Criminal retrial procedure, as an exception case of the rule, is also in consistency with it. So this article holds that we should conform to the march of times,introduce the rule into China and improve our criminal retrial procedure correspondingly.