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Constructing The System Of Trial By Default In Chinese Criminal Procedure

Posted on:2008-09-12Degree:MasterType:Thesis
Country:ChinaCandidate:H J WangFull Text:PDF
GTID:2166360215964014Subject:Procedural Law
Abstract/Summary:PDF Full Text Request
Justice is the prime pursuance of the trial and efficiency is the essential pursuance of the trial. One purpose of the criminal lawsuit process is the justice of the suit. In order to realize national criminal jurisdiction and enhance the efficiency of procedure, many countries establish the criminal system of trial by default. Viewed from the legislation of criminal lawsuits and the judicial practices in China, a trial by default tends to be negated. To some extent, this ensures the justices of suits. However, it has some shortcomings which are unfavorable to increasing lawsuits efficiency and protecting the victim's right. Among three main procedure laws (Civil Procedure, Criminal Procedure Law and Administrative Procedure Law), only Criminal Law has not established the system of trial by default. At present it is forbidden to hear a trial by default in criminal procedure, which brings disadvantages to combat international crimes, punish economic criminals, etc.This article includes four parts. In the first part, it mainly makes a broad outline of the system of trial by default, including the concept, history and value of the system of trial by default.In the second part, it analyzes the general situation of external systems of trial by default, and discusses the bad effects on our judicial development owning to the lack of the system of trial by default. At the same time, it also analyzes the necessity and possibility for establishing the system of trial by default.In the third part, it gives some specific ideas for establishing the system of trial by default, which includes three parts. Firstly, it discusses how to coordinate the system of trial by default and the principles of criminal litigation. Secondly, it discusses how to set the criminal case range for applying the system. Thirdly, it discusses how to establish some rescue procedures for the system of trial by default.In the fourth part, there are some related systems for perfecting the system, including evidence system, defense system and judicial assistance system and so on.
Keywords/Search Tags:justice, participation, efficiency, the trial by default in criminal procedure
PDF Full Text Request
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