刑事既判力在我国刑法中的重构

Re-construction Of Criminal Adjudged Force In China's Criminal Law

刑事既判力作为刑事诉讼法的一个基本原则,以诉讼效率和人权保障为基本的价值追求。各国刑法对刑事既判力采用分离或相关两种不同的原则,反映出立法者的不同价值取向,建议在立法中采用有限制的相关原则,对我国刑法第12条第2款作出重构。

As a basic principle of criminal precedural law , criminal adjudged force take effectiveness of the proceedings and protection of human rights as its basic value pursuit. In every country there are tow viewpoints about criminal adjudged force： principle of separation and principle of mutuality, which reflect the different value orientation of legislators. It is suggested that the principle of mutuality be adopted in the criminal legislation in China and the Clause 2 Article 12 be re - constructed.