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Study On The Perfection Of The System Of Criminal Trial In Absentia

Posted on:2021-01-26Degree:MasterType:Thesis
Country:ChinaCandidate:W Q SongFull Text:PDF
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The criminal trial in absentia is a brand-new system for our country,which solves the problem of conviction and sentencing when the defendant is not in court,enriches the trial form in the criminal procedure of our country,and is a bold innovation of the traditional trial procedure.But our country's trial by default system only has a big frame,the concrete content is not perfect,in the actual operation will encounter many problems.In order to improve the system of criminal trial in absentia in China and make it play a better role,this paper examines the legislation of the main western countries,which provides help to improve the system of criminal trial in absentia in China.In addition to the existing system of criminal trial in absentia,the scope of application of criminal trial in absentia in China needs to be further expanded to give full play to the advantages of litigation efficiency.In addition,the provisions of the specific procedures should be further refined.In view of the special situation that the defendant is not on the case in the criminal trial in absentia,the corresponding special norms should be formulated rather than the general provisions under the ordinary procedures.We should protect the defendant's litigation rights,ensure the defendant's voluntary choice of procedure,and prevent the abuse of the criminal trial in absentia.We should further deal with the relationship between the system of criminal trial in absentia and the existing criminal procedure so as to coordinate the internal provisions of the criminal procedure law.The specific content of this paper is divided into the following four parts:The first part is an overview of the system of trial by default.It introduces the ancient Chinese and Western regulations on trial by default,then further defines the current academic definition of trial by default,and then classifies it from different perspectives.Then it summarizes the four characteristics of the system of trial by default,and finally combs the current system of trial by default in China.In the second part,the author studies the trial by default system of civil law system,common law system and European Court of human rights.Germany,Britain and the United States only apply to minor crime cases,most of which set the standards of penalty application for minor crime cases such as three months,six months,one year and two years.In addition,countries have set up criminal trial in absentia when the defendant escapes,disturbs the court order,is seriously ill,and the procedure does not involve conviction and sentencing.In special circumstances,the trial procedure in absentia may be restored to the original state,deemed not to have been made,and be null and void.The third part: first of all,it analyzes the problems existing in the system of criminal trial in absentia in China,including the narrow scope of application,unclear starting conditions of trial by default,not involving announcement,service with the help of defenders and their time limit,the lack of connection provisions with the confiscation of illegal income,the time of appointed defense intervention is not clear,It is clear that there is a conflict of rights between the close relatives and the defendant,and the retrial operation regulations are simple.The fourth part discusses the specific measures to improve the system of criminal trial in absentia.Including the introduction of misdemeanor cases and trial of the accused escape,disturb the court order of the criminal trial in absentia.Improve the conditions for program start-up.Clearly,it is not allowed to serve litigation documents by means of announcement.Clarify the relationship between the confiscation procedure of illegal income and the criminal trial in absentia.The accused is allowed to obtain a designated defence during the investigation phase.The right of appeal to close relatives is limited.In the retrial,the court's trial level,regional jurisdiction,the system of re prosecution and the effectiveness of the original judgment are clarified.
Keywords/Search Tags:criminal trial in absentia, Defendant's right of relief, procedure refinement, misdemeanor case
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