关键词：刑事缺席审判 证明标准 重新审理 终止审理 程序竞合
Clarification of The Qrigin Status Quo And Differences of The Criminal Trial System
Chen Wei Wang wen juan
(Southwest University of Political Science and Law, Chongqing 401120)
Abstract: The criminal trial system of absentia originated in the Roman period and was absorbed and recognized by the United States, France, Germany and other countries. It is a product of the balance and choice between justice and efficiency, punishment of crime and protection of human rights. Such as the crackdown on major crimes, but also take into account the human rights protection of legitimate rights and interests, to make up for loopholes in the criminal litigation system. However, there are four outstanding problems in the application procedure of the criminal trial system: one is the definition of the scope of application of the trial procedure for criminal absence, and the four categories of applicable conditions for the integration of the provisions are still considered as special procedures; the second is that “the evidence is proved by the defendant. "The person is not guilty" proves the standard suitability problem; the third is the issue of the appropriateness of the appeal subject in the criminal trial system; the fourth is the rationality of the "retrial" of the judgment that has been in force but not yet delivered, and the remedy does not fit the litigation concept.
Key words: criminal trial in absentia; standard of proof; retrial; termination of trial; procedure co-opetition