Journal of Northeastern University(Social Science) ›› 2021, Vol. 23 ›› Issue (1): 105-112.DOI: 10.15936/j.cnki.1008-3758.2021.01.013

• Law • Previous Articles     Next Articles

Research on the Right of Appeal in Criminal Trial Procedure in Absentia

XU Tun   

  1. (Koguan School of Law, Shanghai Jiao Tong University, Shanghai 200030, China)
  • Published:2021-02-08
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Abstract: There exist such problems as the deficiency of substantive authority and program design in the right of appeal in criminal trial procedure in absentia. The main reason is that the existing right of appeal in trial absentia procedure is difficult to meet its value objectives and functional requirements. Through the legal analysis of the right of appeal in trial absentia procedure, it is found that the value of the right of appeal is embodied in three aspects: ensuring substantive justice, procedural justice and safeguarding human rights in trial absentia procedure. According to this value presupposition, the right of appeal has three functions: balancing interests, relieving rights and correcting wrong judgments. Combined with the practical field of value philosophy and functional theory, the system design of the right to appeal in trial absentia procedure is reconstructed by clarifying the practical authority of the right to appeal in close relatives of different case types and optimizing the program design of the right to appeal in trial absentia procedure, thus ensuring the reasonable operation of criminal trial procedure in absentia.

Key words: criminal trial procedure in absentia; right of appeal; substantive authority; procedure design

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