The Absenceof The Criminal Justice System

Trial in absentia is corresponding with the concept bench trial, is a necessary complement. At present, "Civil Law" and the "Administrative Procedure Law" explicitly provided for in the absence of the trial system is only in, the "Code of Criminal Procedure" is not provided, this situation is based on the one hand, the special criminal. Criminal proceedings were the three most serious punishment, is a man's freedom and life restrictions and deprivation, must be very careful to deal with bad will cause the rights of the parties to dad, to influence the referee's impartiality. On the other hand is subject to our traditional model of the criminal trial. That the trial should be truly effective prosecution, the defense and parties to participate in the trial, the prosecution and the defense is under the absolute relationship of confrontation, lack of either party will not constitute the integrity of the proceedings, while the party's own " involvement "as the obligations of the parties can not arbitrarily give up, otherwise they will bear the negative consequences. Difficult to achieve legal justice. But with the modern theory of criminal proceedings, the traditional legal concepts of the shortcomings have been highlighted more. Criminal Trial mode by the theory of modern criminal procedure, from the traditional style is gradually changing as the impeachment party doctrine, changes in both defense and prosecution have to equality confrontation, in this case, the criminal procedure "in absentia" of the missing can not but say that is a regret. We want to know, criminal proceedings in absentia has important practical significance. It can make up for lack of the Criminal Procedure Law of China; enrich and develop the theory of criminal proceedings; solve a series of problems arising in practice; better achieve the Code of Criminal Procedure of purposes - punishment of crime and protection of human rights; to better coordination of actions fair the efficiency of conflict and litigation. Based on the above aspects, the establishment of the criminal justice system the absence is necessary. In addition, the international "United Nations Convention against Corruption" on "in absentia" of the positive and the status of our current law gave the criminal justice system the absence of the feasibility of the establishment provides. The necessity and feasibility for the establishment of criminal proceedings in absentia to find a realistic soil; by countries outside the judicial system on the absence of comparative research and analysis, a criminal justice system has found the absence of nutrients; through our criminal justice system absent a specific procedure design, found with Chinese characteristics, the way the criminal trial in absentia. The maximum extent possible to achieve the value and significance of criminal trials, protection of the defendant, the victim's legal rights.