The principle of retrial against punishment of aggravation can keep the authority of judgments, protect defendants basic right and realize the maximum efficiency of processes.

Reflection on the Practice of the Principle of No Aggravating Punishment on Defendants from Appeals;

But in China s penal proceedings legislation,simple principle of interests change forbid is equal to no appeal resulting in additional punishment.

The relation between the remand for new trial and the principle of no appeal resulting in additional punishment is seldom discussed before.

The conflict between the important value of the principle of non-adding penalty in appealing and negative,makes the person always be in dispute state in theory and practice.

The principle of prohibiting disbenefit alteration is adopted universally in the criminal prosecution worldwide today, known as the principle of non-adding penalty in appealing in China.

The principle of no additional punishment resulting from retrial procedure is one of them.

But the principle of no additional punishment resulting from appeal of our country, which was shipped from foreign countries, is of a hard disease resulting from not acclimatizing to China and also cannot find a theory to support it.