Research On The Problems Related To The Trial System Of Criminal Procedure Under The Perspective Of Dynamic Equilibrium Litigation

Since the party's 18,China has deepened reform,actively deployed and fought a landslide victory in the fight against corruption,at the third plenary meeting of the 19 th session of the Central Disciplinary Commission,General Secretary Xi told us that the form of the fight against corruption remains grim and complex.In order to further strengthen the anti-corruption pursuit of retrieval,China formally passed the implementation of the Criminal Procedure Law(Amendment)on October 26,2018,and thus established the Criminal Procedure trial system in absentia.As a supplement to the trial,the trial in absentia of criminal proceedings is the exception to the principle of trial presence,the product of the dynamic value balance of punishing crime and safeguarding human rights,and the strong legal support for anti-corruption retrieval pursuit.In order to make the system better fit in the judicial practice of our country,the author mainly selects the evidence and procedural problems related to it with the visual threshold of the dynamic equilibrium litigation view.Dynamic balance refers to the macroscopic equilibrium state of all things in the context of constant movement and change.The concept of dynamic equilibrium litigation refers to the method of dealing with the value relationship of all parties from the viewpoint of dynamic balance in the rule of law of Criminal Procedure,whether it is the discussion of academic theory or the operation of practical cases,whether it is the legislative level or the judicial field.In the trial in absentia of criminal proceedings,there is a relationship between multiple values,multiple purposes and the interests of the subjects of litigation,which is not absolutely antagonistic but undeniably tense,and the view of litigation with dynamic balance emphasizes that the dynamic trade-offs of these different values,purposes and interests should be adapted to local conditions.Achieve an overall balanced development with plus and minus.In view of the initial nature of the trial system in absentia in criminal proceedings in China,there are few voices in the theoretical and practical circles on the issues of its diversity proof standard,physical evidence and verbal evidence,the mechanism of close relatives ' participation in litigation,and the procedural effect of the defendant's right of dissent,It is feasible and novel for the author to study the evidence and procedural problems of the trial system of criminal Procedure under the perspective of dynamic equilibrium litigation.The dynamic balance of the problem of evidence is the dynamic balance of correcting justice and human rights guarantee.In the trial in absentia of criminal procedure,in order to realize the dynamic balance of evidence problem,the standard of proof should be lowered and the ability of evidence should be First of all,in terms of lowering the standard of proof,it means that the trial in absentia of criminal proceedings should not apply the standard of proof in general criminal cases,but should construct the standard of proof of pluralism that distinguishes the standard of public prosecution,the standard of conviction and the standard Secondly,in terms of improving the ability of evidence,it refers to the improvement of the evidence ability to the evidence in absentia trial through the two paths of physical evidence and verbal evidence.The dynamic balance of procedural problems is the dynamic balance between the right of program participation and the efficiency of litigation.On the one hand,in the trial in absentia in criminal proceedings,in order to realize the dynamic balance of procedural issues,we should emphasize the guarantee of the human rights of the accused from the initiation of the procedure to the trial to the trial.If the trial cases in absentia are opened and heard,consideration is given to introducing an independent pre-trial court to conduct the relevant qualification examination of the case,to strike a balance between the prosecution and the defence in the investigation and debate stage of the court through the guarantee of the defendant's right to defence,and to give his next of kin the right to make a final statement on behalf of the If,after the application of trial procedure in absentia,in the exercise of the right of dissent after the defendant's arrest,the retrial mode of the prosecutor's re-prosecution is adopted,the mechanism for his participation in the proceedings in the case of the independent enjoyment of the right of appeal by the accused's close relatives is determined and regulated,and in the event A consideration may be given to setting the cooling period of the right of appeal,and the second can stipulate that the exercise of the rights of appeal of the next of kin is necessary for the interests On the other hand,based on the consideration of litigation efficiency,it should be supplemented by a certain degree of limitation on the exercise time of the defendant's objection right,which has reached the balance between human rights protection and judicial efficiency in the whole judicial process.Through the visual threshold of dynamic equilibrium litigation view,the author intends to study the related problems of the trial system of criminal procedure in our country,and through the study of related problems,and then realize the theoretical help for the further improvement of the trial system of criminal procedure in our country.