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Construction of On the absence of criminal justice system

Author: DingYeNi
Tutor: LiuGenJu
School: China University of Political Science
Course: Procedural Law
Keywords: Criminal Trial Criminal Judgment by Default Fairness and efficiency Punish corrupt officials to chase back to the loss of assets The rights of defendants
CLC: D925.2
Type: Master's thesis
Year: 2009
Downloads: 111
Quote: 0
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Abstract


In recent years, the situation is not optimistic of China's anti-corruption, corrupt officials, carrying huge amounts of stolen money to flee to his country cases occur frequently, causing huge economic losses to the country, the people. Because of lack of criminal trials in absentia system, making escape by the suspect, the defendant, particularly cases of corruption in the criminal proceedings in the case of corrupt Escaping aboard in a suspension or termination of the state litigation in stolen money, stolen goods processing, the victim's claims and so on in a pending state. This is not conducive to effectively combat crime, is not conducive to safeguard the legitimate rights and interests of the parties in a timely manner. I propose to learn from foreign advanced legislative experience, combined with our judicial practice and the specific conditions to build our system of criminal trials in absentia. This article is composed of three parts by the introduction, body, conclusion. Introduction Part I: description of the causes of this writing. In view of increasingly severe anti-corruption situation, punishing corrupt officials and to recover back to the loss of assets faced with many obstacles. Although the adoption of the United Nations Convention against Corruption \This section also briefly describes the meaning of creation and innovation. The body part is divided into three parts. Introduction of the first chapter, analysis of the concept of a criminal trial, constitute the elements, as well as the status, functions and features, and compare the difference between a criminal trial and civil trial, administrative trial. The second chapter four. Section I talked about the legislation on criminal trials in absentia from some Western countries, stating the purpose of building a criminal trial in absentia system; Section II and then discuss as a special form of a criminal trial, criminal trial in absentia characteristics and its connotation; Section III analyzes compared the criminal trial in absentia, and the general characteristics of the criminal trial; the fourth quarter from the status quo of domestic legislation, procedural grounds as well as our current judicial practice demonstrated the need for criminal trials in absentia established system in our country , and argue it was suggested that \Chapter III of the initial ideas to build our system of criminal trials in absentia. To punish the chase corrupt officials back to the loss of assets perspective, the functionality of the system of criminal trials in absentia location and status and role, build the system should adhere to the principle, should be strictly applied in the building process conditions, and specification of the specific procedures legislative proposals. Concluding section, I reiterate that the establishment of both efficiency and fairness of criminal trials in absentia system. The establishment of the system, it is very necessary and feasible, but the establishment of a system, but also in practice to further explore and improve the hope that the article put forward some guiding principles, the strict application of the conditions and norms of the specific procedures of relevant legislation and judicial practice, helpful, and look forward to establishing the system of smooth and international conventions, standards, and the chase for the punishment of corrupt officials back to the loss of assets to provide practical legal help.

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CLC: > Political, legal > Legal > Chinese law > Procedural Law > Code of Criminal Procedure
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