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On The Punishment Of Corruption In China The Construction Of The Trial System

Posted on:2018-03-08Degree:MasterType:Thesis
Country:ChinaCandidate:X X JiangFull Text:PDF
GTID:2346330542970033Subject:Law
Abstract/Summary:PDF Full Text Request
The criminal trial system is the trial of the court in the absence of the defendant.It is opposed to the trial of the trial.The significance of the trial is to pursue the justice of the proceedings.However,if the trial is not allowed in accordance with this principle,So that part of the people loopholes lead to abuse of power,thus affecting the impartiality of litigation.That as long as the escape,not to court to participate in litigation,litigation will be suspended,so that it can temporarily exempt from punishment,which is a large number of corrupt officials in recent years,an important reason.Europe and the United States and many other developed countries,the criminal procedure law to a certain extent,the provisions of the criminal proceedings in absentia trial system,such as the United Kingdom,the United States,and China,Hong Kong,Macao and Taiwan have a corresponding such program design,but for various reasons China's existing criminal procedure law does not make it clear,but some of the contradictions and judicial practice in the practice of some practices,reflecting the need for the establishment of criminal trial system in China.Such as the newly revised criminal procedure law in 2012 established the illegal confiscation procedures for the provisions of corruption cases of criminal suspects,the defendant to be wanted to be a year after being still unable to the case,you can not case Ruled that the relevant illegal income was confiscated.Illegal income confiscation procedures to a certain extent that a disguised form of trial proceedings,but with the existence of significant differences in the confiscation of illegal income only involves the confiscation of illegal income,not the criminal conviction and punishment.It can be said that the establishment of illegal confiscation procedures is to both do not violate our country without criminal dismissal trial system on the basis of the suspects,the defendant is not in court circumstances can still confiscate their illegal income.But in the absence of conviction of the confiscation of illegal income is in violation of our country,"without the people's court decision not to determine any person guilty" principle?If the direct establishment of criminal trial system in China can solve the above contradictions and how to establish the absence of the trial system can be punished crime and protection of human rights is the unity of the purpose of writing.
Keywords/Search Tags:Illegal confiscation procedures, Criminal trial by default, Protection of human rights
PDF Full Text Request
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