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Researcgh On The System Of Criminal Trial In Absentia

Posted on:2020-05-15Degree:MasterType:Thesis
Country:ChinaCandidate:Z C ZhuFull Text:PDF
GTID:2416330575964778Subject:Procedural Law
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In the year 2018,the new Criminal Procedure Law was amended to set up a special trial by default procedure,marking the establishment of the criminal trail by default system in China,which has been advocated and anticipated by the criminal law academia for a long time.In this way we construct a more intensive and restored legal network in our country.This paper comprehensively analyses the background of establishing the system of trial by default in our country,summarizes the basic concepts of the system of trial by default in criminal cases,expounds the theoretical basis and value objectives of the system of trial by default,summarizes the systems of trial by default in western countries as well as Hong Kong,Macao and Taiwan regions of our country,and puts forward the writer's inspiration for the system of trial by default in our country.On this basis,the applicable model of trial by default is suggested and measures for perfecting the criminal default trial procedure in China are put forward in the aspects of application range,procedural rules and relief mechanism.This thesis consists of four parts.The first part describes the definition and characteristics of criminal trial by default from different academic perspectives.Based on its connotation,the second part elaborates the theoretical foundation of the default trail system,analyses its targets to pursue,and proposes its judging criteria and rules in accordance with different value contradictions.The third part introduces the current legislation and judicial state of criminal default trial in major countries and regions with civil law system and Anglo-American law system.Comparing the two systems,the author gets some enlightenment and puts forward some suggestions on constructing China's default trial system.Based on the previous analyses,the fourth part draws the readers attention to the provisions of trial by default in the newly revised China's Criminal Procedure Law.Measures to modify the system of trial by default are suggested in terms of practical needs.
Keywords/Search Tags:Trial by default, Judicial efficiency, Judicial value
PDF Full Text Request
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