Comparative Perspective Localized Build Criminal Trial In Absentia

Absentia trial as an exception for seats in China’s " Civil Law" and the "Administrative Procedure Law " have corresponding provisions in the existing "Criminal Procedure " and participated in the proceedings in order to strictlyimplement the principles to ensure fair proceedings, absent the criminal justicesystem is not clearly stated. Legislators did so, mainly on account of the particularityof the Criminal Procedure Law: Criminal proceedings related to citizens’ lives,liberty and property rights with respect to the exercise of public authority prosecutor,the formal point of view seemed to be in a weak position defendant, for cases tried inabsentia may damage the interests of the accused, resulting in unfair referee made.But with the criminal proceedings the development of theory and practice, the judge’s neutrality and impartiality continue to highlight the absence of the criminal justicesystem began to be shaken absolute prohibition. And from national criminal lawpoint of view, the inclusion of criminal trials in absentia in criminal proceedings hasbecome a common practice. Absentia trial as an exception for seats in China’s " CivilLaw" and the " Administrative Procedure Law " have corresponding provisions in theexisting " Criminal Procedure " and participated in the proceedings in order to strictlyimplement the principles to ensure fair proceedings, absent the criminal justicesystem is not clearly stated. Legislators did so, mainly on account of the particularityof the Criminal Procedure Law: Criminal proceedings related to citizens’ lives,liberty and property rights with respect to the exercise of public authority prosecutor,the formal point of view seemed to be in a weak position defendant, for cases tried inabsentia may damage the interests of the accused, resulting in unfair referee made.But with the criminal proceedings the development of theory and practice, the judge’s neutrality and impartiality continue to highlight the absence of the criminal justicesystem began to be shaken absolute prohibition. And from national criminal lawpoint of view, the inclusion of criminal trials in absentia in criminal proceedings hasbecome a common practice.Introduction Part I: For absentia, China’s Criminal Procedure Law does notspecify when the suspect or the accused to escape, death or loss of legal capacity of the case in the proceedings must be suspended or terminated. Revised CriminalProcedure Law to increase the suspect, the defendant hiding, death cases illegalincome confiscated procedures to solve some cases of criminal suspects anddefendants to escape and hide illegal income confiscated or death issue, but theprogram has not been convicted program directly involved confiscation of illegalincome and other property of the special procedures, there are still many limitations,the author’s view is: China is still absent from the criminal justice system should beestablished.In summary, I believe that we should establish national or criminalproceedings in absentia, to adhere to the concept of legal justice.Body part is divided into three parts: the first part of the criminal trial in absentiaconcepts and features. From the penal sector criminal trial in absentia of the threeunderstandings, draw the definition of a criminal trial in absentia and. Analysis of thecriminal trial in absentia direct hearing procedures,"absent" applies only to criminaldefendants do not have the punitive nature of the sanctions and the three majorcharacteristics. The second part, in Comparative Perspective world’s major countriesand regions in the criminal trial in absentia of the legislative, judicial status quo.From the perspective of comparative law comparative analysis of the common law,civil law and criminal trial in absentia in some regions of the legislative, judicialstatus quo. The third part of the criminal trial in absentia localized build. Absent fromour judicial system discussed the current situation of China has established thenecessity of criminal proceedings in absentia. Introduction of suitable range ofcriminal cases tried in absentia, imagine our criminal trial in absentia program designas well as criminal proceedings in absentia related protection mechanism.Epilogue: Author personally believe that a criminal trial in absentia for settingthe "degree" of certainty is the most critical and most difficult, is not our simple ideasthat can be discussed properly resolved, we need to keep in practice efforts tocontinuously exploration, hopes for an early establishment and improvement in oursystem of criminal trials in absentia.