| The theory of criminal adjudged force in the European modern period stems from the principle of bis de eadem re ne sit actio in the Roman law. This theory means that the authority of res judicata creates a stable state in the criminal procedure, which includes the substantial certainty and the self-restraint effect to the procedural issues. The theory of criminal adjudged force occupies an important place among the European criminal procedure theories and aims to deal with the issues about the scope of validity and the procedural security. The theoretical foundations of the criminal adjudged force are composed by the procedural security, the litigation efficiency and the protection of rights. For the type of authority, the adjudged force of the final judgment could be classified into the positive authority and the negative authority, the relative authority and the absolute authority, and the subjective authority and the objective authority. The decision of exemption from prosecution is not the final judgment in the strict sense. However, it has the quasi-authority because the facts in this procedure have been fully proved, which can be considered as a final judgment. Besides, according to the criminal adjudged force, we should follow the principle of adverse alteration prohibition and restraint as far as possible the launch of the retrial procedure and the extraordinary appeal procedure. In China, the criminal procedure has been criticized since a long time for lack of procedural security, and the launch of retrial procedure has no solid standards. In practice, the judicial authorities and the interested party can trigger a retrial procedure for different reasons, such as popular indignation, appealing to the higher authorities for help, etc, disregarding the authority of res judicata in the criminal procedure. Therefore, it seems necessary to improve the authority of judgment and the stability of procedure by introducing the theory of adjudged force. |
京公网安备11010102006664号 京ICP备2023015853号