Study On The Separate Trial Of Joint Crime Cases

The choice of trial mode of criminal cases is a common problem in criminal trial activities.In practice,the trial of criminal cases is based on the principle of combined trial,with the exception of separate trial.For joint crime cases,from the perspective of protecting the rights of the parties,improving the efficiency of litigation,and forming a fair judgment,trial by case has become an inevitable choice.However,the theoretical and practical circles of our country focus on the joint trial,and the research on the trial of separate cases is not rich and in-depth.The lack of norms for the trial of separate cases in the criminal procedure law of our country makes the people’s courts of our country lack guidance on the trial of joint crime cases.In 2021,the interpretation of the Supreme People’s Court on the application of the criminal procedure law of the People’s Republic of China made it clear for the first time that the court conducts trial by division according to its functions and powers.Therefore,the people’s courts of China have regulations to be followed in the trial of criminal cases of joint crimes.However,there are still shortcomings in this standard,such as the fuzzy boundary of applicable standards and the lack of specific operations,which make the judicial organs apply it arbitrarily in practice,The chaotic phenomena of "should not be separated" and "should not be combined" frequently occur.Improper combined trial makes the trial a mere formality,increases the risk of the defendant’s prolonged detention,and seriously damages the defendant’s rights.Under necessary conditions,the application of joint crime trial can protect the defendant’s procedural rights,enable him to get a more fair judgment,and minimize the possibility of being innocent.However,by studying the situation of the trial of joint crime cases in the judicial operation,the trial of joint crime cases in China has encountered many problems in the judicial practice.The legislative provisions are not comprehensive enough,which leads to the division of joint crime cases at will,and the improper division of cases seriously affects the efficiency of the trial,resulting in the infringement of the defendant’s rights of defense,cross examination and other procedural rights,the recognition of the status of the accomplices,and the balance of the sentencing of the whole case.It is urgent to improve the divisional trial of joint crime cases.The continuous improvement of the divisional trial of joint crime cases in China needs to consider not only the procedural level but also the substantive level.Therefore,based on the issue of the divisional trial of joint crime cases,combined with the relevant case data,we will study and put forward corresponding improvement suggestions.The first is to refine the applicable standards for the trial of joint crime cases and improve the specific application of the trial of joint crime cases in practice;The second is to establish procedural rules,and run the trial by case from the decision procedure,notification procedure and objection procedure;The third is to implement human rights protection,protect the right of application and defense of the defendants and other litigation participants,so that they can effectively realize cross examination;Fourth,improve the relevant supporting mechanisms,clarify the relationship between the cases before and after,and standardize the application of the rules of evidence between the cases before and after.So that the divisional trial system can return to its functional standard.