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Study On The Rights Protection Of The Prosecuted In The Trial Procedure In Absentia

Posted on:2021-03-29Degree:MasterType:Thesis
Country:ChinaCandidate:H ZhangFull Text:PDF
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In order to strengthen the anti-corruption work of chasing fugitives and recovering stolen assets,the current criminal procedure law has established trial procedures in absentia.Since the establishment of the procedure,some protracted cases have been dealt with effectively.Although the criminal procedure law of our country stipulates the application scope of the trial procedure in absentia and endow the accused with special litigation rights,there are some imperfections.In the future,China should improve the relevant provisions of the trial in absentia procedure,and effectively protect the rights of the accused when applying the trial in absentia procedure to try cases.Based on the current situation of legislation,this paper analyzes the imperfections of the provisions on the litigation rights of the accused in the current criminal procedure law of China,and on the basis of the comparative law,puts forward the way to improve the protection of the rights of the accused in the proceedings of trial in absentia.The paper is divided into four parts:The first part focuses on asking questions.The right to know,the right to defense and the right to relief are important rights of the accused.This part of content,the analysis in absentia program being prosecuted people litigation rights imperfections,mainly embodied in the procuratorial organ to defend notification is not clear,based on standard of court documents and time is not clear,accused person cannot achieve effective defense,regulation about the right of people being prosecuted relief is not careful,at the same time analyzed the accused people suffer from a serious disease of unknown standard may lead to problems.The second part focuses on the theoretical basis of the protection of the accused's rights in the trial in absentia.This paper mainly discusses the application of the theory of human rights protection,the principle of procedural justice and the value of litigation efficiency in the protection of the rights of the accused.The third part focuses on the relevant provisions on the protection of the right of the accused in the extraterritorial trial in absentia,which introduces the criminal trial in absentia system in Britain,Germany,France and Macao.Inspired by this,our country should protect the accused's right to know,right to defense and right to remedy when applying the procedure of trial in absentia.The fourth part is the way to perfect the protection of the accused's right in the trial in absentia.With the aim of protecting the right of the accused,specify the content of the accused person's right to know,the effective defense path is clarified,the relief procedure of the system is constructed,the "suffering from serious diseases" is interpreted in a narrow sense,and the procuratorial organs perform their duties comprehensively and prudently.
Keywords/Search Tags:Criminal proceedings, Trial proceedings in absentia, the person pursued, ensure the right
PDF Full Text Request
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