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Constructing The System Of By Default In Case Of Corruption Of Our Country

Posted on:2013-04-15Degree:MasterType:Thesis
Country:ChinaCandidate:S J LiangFull Text:PDF
GTID:2256330395488533Subject:Code of Criminal Procedure
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The system of corruption case trial by default is not only the integral part of thesystem of criminal trial by default but also the important composition of the legalsystem of anti-corruption.“Anti-Corruption Convention” which was approved bythe United Nations was originally a good opportunity to establish the system ofcriminal trial by default,however, after a lapse of several years our country has notyet established a system of criminal trial by default. The reason is mainly due toconcerns about the protection of human rights of the defendant. This is just likethrowing out the child along with the bath. The diverse characteristics of thelegislative examples in other country’s system of criminal trial by default show that itcan make the system of criminal trial by default suitable for China’s special designwith China’s actual conditions as the starting point. Take a particular case as the"experimental field" for the system of criminal trial by default not only conforms toimprove the Criminal Procedure Law of the demand but also is suitable for thegradual path of China’s judicial reform. The corruption case is an excellent choice forthe system of criminal trial by default by analyzing its characteristics.This article is divided into four parts:The first part is an overview of the system of corruption case trial by default.Define the concept of the system of corruption case trial by default by clarifying theconcept of the system of criminal trial by default. The system of corruption case trialby default shows that the trial keep been executing with the absent of the defendant onthe judgment day in the cases of the corruption and bribery under the current law ofour country. Secondly,in China, the system of criminal trial by default has not beenestablished, and the procedure with the absent of the defendant is also not reasonable.There are problems about the detriment of the judicial authority and loss of hugeamounts of assets with the poor preservation of evidence and poor system ofcorruption for the improper disposal of property in the corruption cases. The systemof corruption case trial by default bears the responsibility to address the issue andplays an important legal measure against corruption and the protection of the humanrights for the absent defendant.The second part is the research of the Comparative Law of the system of corruption case trial by default. Find the regulation of case trial by default for the Chinesesituation by comparison of the legislative examples with different countries’ systemsof criminal trial by default. The standard of the types of cases are not applicableconditions for the system of criminal trial by default through the comparison ofdifferent countries. But it also shows the possibility that the corruption cases areapplicable for the system of criminal trial by default from another angle. Of coursethere are a few exceptions such as the Singapore’s clean government. Singaporemakes the corruption cases linked to the system of criminal trial by default to fightagainst the corruption. It is a typical example of fighting against the corruption forthe China government with high rate of corruption. Of course, the focus on how toeffectively combat the crime of corruption at the same time, we should also learn fromthe experience of States to guarantee the absence of the human rights of the accused tomake a Comment on remedial measures in the absence of the national criminal justicesystem.The third section discusses the necessity and feasibility for the establishment ofthe system of corruption case trial by default in China. First, the Convention is thecorruption Punishment which was built by the Member States of the internationalcommunity with the target to fight against corruption. Join and pass the Conventionindicates our country’s determination to fight against corruption and strengthen theinternational judicial collaboration. But we have not yet established the system ofcriminal trial by default which was advocated by the Convention, this could not usethe international judicial cooperation bridge which was set up by the Convention andwould give the negative image of conservative and complacent. According to theprinciples of keeping the appointment that we should establish the system of criminaltrial by default. Secondly, corruption in our country is applicable to system of trial bydefault mainly due to: on the one hand, the corruption cases of high momentum needsto rein and the achievements of socialist construction need to defend. It needs atargeted anti-corruption laws and measures to fight against corruption. On the otherhand, the Convention as a summary of today’s world of anti-corruption experienceshows that system of trial by default plays an important role in fighting againstcorruption. Again, build the system of corruption case trial by default an objectiveneed to improve the criminal legal system in China. The system of corruption casetrial by default is feasible. Extraterritorial system of criminal trial by default criminal absence of the trial mechanism template provides the legal text an example theconstruction of the system in China, while China’s civil trial in absentia systemprovides an example of a local experience.The fourth section presents the basic idea of the system of corruption case trialby default in China. The absence of corruption cases in the justice system settingsneed to consider not only the particularity of criminal absence of the trial system itself,to effectively combat corruption crime, and need to take into account the defendantthe protection of human rights. Trial in absentia in the absence of litigation conditions,you need to make amendments to the procedural justice in the strict sense of the needto take appropriate relief measures to reduce the possible impact of "proceduraljustice". In addition, the effective operation of a system can not be separated from therational allocation of the corresponding supporting systems. Corresponding perfectproposal is also part of the issue of criminal cases for the protection of corruption inabsentia system can maximize its independent value of the litigation, the witnesstestifies verdict reasoning and case-handling costs.
Keywords/Search Tags:corruption cases, criminal trial in absentia, Anti-CorruptionConvention by the United Nations, Constructing the system
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