Abstract: the principle of non bis in idem is also known as the prohibition of double jeopardy or prohibit double prosecution, refers to the decision, ruled that the defendant has the legal effect of cases, no prosecution and trial The incident no longer principle to protect the basic human rights of citizens, to prevent the abuse of state Although the criminal procedure law of our country includes the basic content of the principle of non bis in idem, but in criminal procedure of our country the incident no longer principle has not been fully This is because of the public power, China's traditional supreme idea is ingrained, it leads to conflict between the provisions of the judicial practice and legal The only value standard of our criminal judicial practice will be set for the real entity and entity justice, procedure justice and protection of human rights In order to realize the procedural justice, to protect basic human rights of citizens, the criminal procedure law of our country should establish the principle of non bis in idem, scope of application and the principle of non bis in idem, make specific First, the law should strictly limit the subject and condition of retrial, the court can not own retrial, only for the defendant to the Secondly, the provisions of Thirdly, to improve the level of the court of Keywords: the incident no longer principle, necessity, feasibility, ideas