Study On Separate Trial Of Joint Crime Cases

Trial by case of joint crime refers to the trial system in which the people’s court separates the joint crime cases that are not suitable for combined trial into two or more proceedings.The choice of trial mode directly affects the quality and efficiency of trial,the realization of judicial justice and the protection of the rights of the parties.Compared with individual crime,the case of joint crime is more complex and more harmful to the society.There may be a large number of suspected criminals,members suspected of various and interwoven charges,whether the accomplice pleads guilty and accept punishment is not unified and so on.Combined trial cannot be applied to all cases of joint crime,so it is necessary to make separate trial as an exception for cases of joint crime.However,due to the inadequacy of the legislation related to the trial of separate cases and other reasons,many drawbacks are revealed in the practice.How to choose and apply combined trial or separate trial,and how to relieve various difficulties existing in the current separate trial system have become a subject that we must solve.Therefore,the article uses empirical research and other methods,on the basis of clarifying the existing value of joint crime case trial by case,focus on the judicial practice,tries to sort out the problems existing in the system of joint crime case trial by case,analyzes the underlying reasons,and puts forward suggestions on the improvement of each link of the system in order to provide a constructive scheme reference.The article consists of four parts,mainly as follows:The first part introduces the concept definition and legislative evolution of joint crime case trial by case First of all,it clarifies the legal basis contained in the merger and separation of joint crime cases,sorts out different scholars’ understanding of the connotation of trial by case division,and clarifies the viewpoint of the paper.Secondly,summarizes the legislation on case trial by case since 1979,and divides the legislative development of case trial by case of joint crime since 1979 into three stages,namely the initial stage,the development stage and the trend of maturity stage.The second part discusses the litigation value of joint crime case trial by case.It is mainly reflected in the orderly organization of the trial and relieving the pressure of the court,ensuring the efficiency of trial and realizing litigation economy,protecting the rights of the accused and realizing a fair trial.The third part carries out the practical inspection to the joint crime case trial by case.First of all,makes an empirical analysis of the judgment documents involving joint crime,and summarizes the overall situation of the trial of separate cases,the reasons given in separate cases and the situation of the defenders raising objections.Secondly,combined with the empirical analysis of the judgment documents and other research,sums up four problems,namely,the reasons for the division of cases are not uniform,the decision procedure of is irregular,the trial cross-examination is limited and the relationship between the former case and the latter case in the sub-case trial is unclear.Finally,analyzes the causes of the difficulty of joint crime trial by case,that is,the rule of law is not complete,there is passive trial by case,and the defendant’s litigation status is objectified.The fourth part puts forward some suggestions to improve the predicament of joint crime trial by case.First of all,we should unify the applicable standards of trial by case,make clear that the case of guilty plea is not special,accurately define the legal requirements of trial by case,and set the application level of various conflicting values.Secondly,it puts forward some suggestions to optimize the decision procedure of sub-case trial.It should give the defense the right to apply for starting,strengthen the judicial review power of the court,protect the procedural remedy right of the defendant,and make the decision of sub-case trial uniformly in the form of criminal award.Thirdly,it is necessary to further protect the defendant’s right to cross-examine,establish the complete defendant’s right to cross-examine,and explore the remote cross-examine form of trial.At last,it is clear that the relationship between the former case and the later case should be clarified.On the one hand,it is necessary to clarify the criteria for the pretrial judgment of the previous case.On the other hand,it is confirmed that the former case has no prejudgment effect on the later case.