中国における2018年改正刑事訴訟法の動向 ―特に認罪認罰制度、即決手続きおよび欠席裁判制度を中心に

抄録

In the People’s Republic of China, the Criminal Procedure Code was revised on October 26, 2018. In China, RENZUIRENFA system, the judgment by default system and the prompt decision procedure were introduced by this revision. As for this report, an exegesis does the Chinese revised Criminal Procedure Code from these three systems. The defendant confesses it about own criminal act, and there is not an objection about a crime fact pointed out, and RENZUIRENFA system is the system that it is tolerant and processes by law when I agree about the assessment of a case. It is a system of so-called plea bargaining. The prompt decision procedure must conclude a hearing for a person agreeing to RENZUIRENFA and the application of the prompt decision procedure as a general rule for (when you may be sentenced to penal servitude more than one year less than 15 days) for less than ten days on a case acceptance day of the court and must start judgment in the court which you examined. And when the judgment by default system is a crime of the national crime and terrorist activity to harm serious safely that the best People prosecution House ratified when it is necessary to let a trial go promptly in the case of a corruption bribe crime, evidence is certain, and a crime suspect and defendants are enough when I am abroad and are the system that can submit an indictment for people method House when you should investigate a criminal liability by law even if the defendant is absent.

About RENZUIRENFA system and the prompt decision procedure, it was taken effect before Criminal Procedure Code revision experimentally in some cities. Therefore, in this report, I examine the statistics documents of the experimental enforcement. A limit points out the point that there is not the rule in the text is very plain, and what kind of crime RENZUIRENFA system in particular is applied to about the point that I can interpret, the prompt decision procedure in this report even how. And an application is done about the penalty used for political oppression about RENZUIRENFA system and the prompt decision procedure in the district enforced experimentally. Therefore, political oppression and a crime to get will point out the aggressive evaluation in future from a point to have possibilities to let a trial progress without an investigation and public speaking in China that hard to please. And I point out that I can read it when I take an opportunity of the public speaking away from the defendant because the case by the circumstances of the government “to have to let a trial go promptly” applies about the judgment by default system.

And this report settles a conclusion as follows. It is said, “there was the agreement of the defendant” formally by RENZUIRENFA system, and there will be possibility to have that a criminal trial is over in future without letting others inspect the contents of the criminal trial by a prompt decision procedure. In other words, I can impose punishment on the defendant if said, “the defendant agreed to RENZUIRENFA” without stopping by to real evidence. Furthermore, I became able to let a criminal trial progress without giving the defendant the opportunity of the argument by a judgment by default system and a judgment, “it was necessary to let a trial go promptly”. The revised Criminal Procedure Code of 2018 goes away from human rights security when I generalize it.