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Research On The Service Procedure Of Criminal Default Trial System

Posted on:2022-11-27Degree:MasterType:Thesis
Country:ChinaCandidate:J DuFull Text:PDF
GTID:2506306764989439Subject:Litigation Law and Judiciary
Abstract/Summary:PDF Full Text Request
The criminal trial system in absentia,as a system introduced in the context of my country's severe punishment of corruption,not only helps punish crimes,save judicial resources,and improve judicial efficiency;Integrate and connect to enhance the strength of chasing fugitives and recovering stolen goods.However,the service procedure,as a procedure that runs through the criminal trial in absentia,is directly related to the smooth operation of the criminal trial in absentia.Therefore,this article will sort out the service procedure of the criminal trial in absentia system,point out some problems in its operation and propose corresponding solutions to strengthen the legitimacy of the trial in absentia procedure and ensure the smooth development of criminal judicial assistance.This paper is mainly divided into the following four parts:The first part mainly discusses three issues,namely clarifying the concept of service,the historical evolution of service methods,and analyzing the legitimacy of service procedures from the perspective of legal theory.This part is the "cornerstone" of the whole article and is the follow-up Research lays the foundation.The second part focuses on the analysis and demonstration of the problems existing in the operation of the service procedure in the criminal default trial system in my country,mainly as follows: the scope of the service subject and the recipient of the service is too small;the implementation of the three statutory service methods is difficult.,that is,the analysis is carried out from the three dimensions of international treaty provisions,judicial assistance and other methods permitted by the law of the defendant's location,supplemented by official data collected from the official website of the United Nations and the website of the Ministry of Foreign Affairs of my country and related texts to support the argument.The third part focuses on researching and learning from the legislative and judicial practice experience of other countries.This part will select some countries with typical significance in the common law system and civil law system.In order to extract some practices suitable for our country's "soil",we will analyze the service method and service period from multiple dimensions,so as to provide a reasonable idea for improving the service procedure in criminal trial in absentia in our country.As the saying goes,the stone of other mountains can attack jade.The criminal trial system in absentia has only been established in my country for three years.Compared with some countries outside the territory,both the criminal default trial system and the service procedure in my country are relatively "green",so it is necessary to learn from the experience of other countries.The fourth part mainly proposes solutions to the construction and improvement of our country's service system from the perspectives of improving domestic legislation and linking with relevant laws.The specific measures include: including the procuratorate as the subject of service;expanding the scope of the person to be served,that is,mainly including the close relatives and defenders of the defendant;exploring diversified service methods,that is,mainly electronic service and announcement Service is introduced into the field of criminal proceedings,and strict applicable conditions are formulated;the service period for overseas defendants is extended to 30 days;as many multilateral international conventions as possible,and bilateral mutual legal assistance treaties are signed;the Criminal Procedure Law is well implemented Linking work with the International Criminal Mutual Legal Assistance Law.
Keywords/Search Tags:criminal trial in absentia, criminal judicial assistance, delivery proce dure, Litigation rights
PDF Full Text Request
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