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Study On Criminal Trial Procedure In Absentia In China

Posted on:2022-06-04Degree:MasterType:Thesis
Country:ChinaCandidate:C L ZhaoFull Text:PDF
GTID:2506306488453314Subject:Master of law
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The landmark criminal trial procedure in absentia was officially established in China on October 28,2018.The program design for solving absentia the defendant in the criminal judicial practice is of great significance,is not only beneficial to the anti-corruption work smoothly,also can improve the efficiency of lawsuit.Although our country has been established in 2012 "the criminal suspect or defendant escaping,death cases unlawful income confiscated process",this procedure can only recover "stolen goods" and fails to play a role in the "pursuit" of criminal suspects and defendants.Moreover,it does not involve the absence trial of defendants who cannot appear in court due to physical reasons or death,so it is not a true absence trial procedure.Because the defendant did not appear in court,the trial procedure by default has the "natural defect" of unbalance of litigation structure from the beginning of its establishment,but this "defect" is not enough to make us deny the procedure itself.The program has been established,the question we should consider is not whether the program should be established,but rather what problems may exist in the actual operation of the program.there are only seven provisions for the trial by default procedure,and it was only added in October 2018.The procedure has not been tested before and there is no relevant judicial practice experience for reference.It is inevitable that there are some problems in the understanding and application of the provisions of only 7 articles,which also arouse the thinking of the academic circle and the judicial practice circle on this special procedure.Therefore,it is important to make a thorough and systematic study on the criminal trial procedure by default in our country.Absent based on our country's criminal trial run status of judicial practice,the absence of criminal trial procedure,concludes the knowledge of criminal trial in absentia.Using China net written judgment out of the current judicial practice in 10 cases of absent applicable criminal trial procedure,absent in our country criminal trial procedure has carried on the detailed analysis of existing problems and makes some relevant suggestions to solve these problems.This article mainly includes the following five parts:Part One: the theoretical basis of criminal trial by default.This paper makes a brief overview of this procedure and compares the relationship between and another procedure which is also a special procedure in criminal procedure law.The views of academic circles on the above issues are analyzed comprehensively.Part two: absent in China's criminal trial procedure of legislation and judicial application conditions.Absence of specified in the applicable scope,the protection of the rights and the relief mechanism of the absent defendant in the current legislation.To apply absent trial procedure in current judicial practice of 10 cases were analyzed,and through the analysis of the case to understand the practical application status and practical problems of the criminal trial procedure in absentia by analyzing the cases.Part three: problem of absent criminal trial procedure in our country: first,the absence of problems existed in the applicable scope of the trial procedure.Specifically,the scope of application is not reasonable and the types of application cases are too few.Second,there are problems in the standard of proof of the trial procedure by default.Specifically,the standard of proof for starting the trial procedure by default is too high and "there is evidence to prove that the defendant is not guilty" is not suitable;Third,there are problems in the protection of the defendant's rights in the design of the trial procedure by default.Specifically,embodied in the right to know security service program is imperfect,defending guarantee compulsory legal aid is not reasonable,and the protection of the right to appeal does not limit the independent appeal right of close relatives.Fourthly,there are problems in the relief mechanism of trial procedure by default.The specific expression is that the stipulation of the right of objection is too vague and the specific procedure of retrial is not stipulated.Part four: the main is improving suggestions aiming at the problem of the third part.Specifically,the scope of application is clear,the standard of proof is improved,the rights of the defendant are guaranteed and the right of relief is granted etc.Part five: conclusion.Criminal trial by default is an important step for our country.And we are confident that it will be better and better.In future research,further attention is needed to the application of trial by default in cases other than those with a serious illness.
Keywords/Search Tags:criminal trial procedure in absentia, judicial application, rights protection, proof standard
PDF Full Text Request
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