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A Study On The System Of Trial In Default In Criminal Cases

Posted on:2020-12-31Degree:MasterType:Thesis
Country:ChinaCandidate:H H WangFull Text:PDF
GTID:2416330596478849Subject:Law
Abstract/Summary:PDF Full Text Request
In the mode of criminal trial,trial at the table has always been the litigation trial mode pursued by the rule of law in our country,but trial in absentia has never been stipulated directly in the law of our country.As far as the trial system is concerned,it has many advantages over the system of trial in absentia.It can protect the criminal rights of suspects and defendants to the maximum and safeguard their various interests.To prevent the public prosecution personnel from abusing their public prosecution power,to maintain the stability of litigation structure,to form a true triangular trial structure model,to maintain real fairness and justice,to promote the continuous progress of rule of law,and to promote the stable development of society.However,any system has advantages and disadvantages,there is no place to adjust.With the rapid development of our country's economy and the continuous progress of the society,there are many situations that cannot be solved in the trial,such as the death of the accused,the escape,the incapacity of litigation.In these circumstances,if the case is put on hold for a long time,it will be difficult to truly realize the value of fairness and justice in the law,and the interests of the victims will not be compensated in a timely manner.Even the legitimate interests of the accused cannot be truly protected.Therefore,the pattern of trial by default,as a special case of the trial pattern,is also an indispensable trial mode.The mode of trial by default,as a supplement to the pattern of adversarial trial,can effectively make up for the deficiency of the system of adversarial trial,adjust the legal relations that it cannot involve,improve the efficiency of litigation,and save the resources of litigation.Therefore,our country finally established the criminal trial system by default in the revision of the Criminal procedure Law in 2018,which is a major supplement to the criminal trial mode in our country,and also a great progress in the rule of law in our country.However,according to the provisions of the current Criminal procedure Law,there are some shortcomings in the criminal trial by default.Hope that through the analysis of this article recommendations,can promote its continuous improvement and development.This paper is divided into four parts.The first part of this article is to discuss the related concepts and characteristics of criminal trial in absentia,as well as its feasibility and necessity,so that we can have a general understanding and understanding of criminal trial in absentia.It also explains the legal basis of constructing the criminal trial system by default in the present Criminal procedure Law of our country,and expounds the justifiable basis of the construction of the system.The second part is to analyze and study the system of criminal trial in absentia in extraterritorial countries,which can be divided into two modes: the case of trial in absentia and the case of trial in absentia,which is divided into two modes: trial in absentia and trial in absentia.Find out to construct our country criminal absenteeism trial system to have the supplement content.The third part is through the analysis of the existing system of criminal trial in absentia,to demonstrate the maturity and advantages of constructing the system of trial by default in 2018.And look for the shortcomings of the existing relevant system.The fourth part is aimed at the shortcomings of the criminal trial in absentia,which has been constructed in our country,and puts forward some suggestions to improve the relevant system.Thus to promote the criminal trial in absentia as a supplement to the criminal trial mode is more comprehensive and targeted.
Keywords/Search Tags:Criminal trial in absentia, Litigation efficiency, Fair, Procedure
PDF Full Text Request
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