On The Construction Of Criminal Trial By Default System Absconding Corrupt Officials

In the people’s Court of criminal justice in the judicial practice, we can see the limitations of current criminal justice system, the current criminal law criterion of our continental law, as its grammar characteristics determines to be not applicable for the new crime which is more harmful to the society, so some criminals who ignore the law are at large. The corrupt officials fled overseas are one type of them. In recent years the corrupt officials have fled overseas frequently with the development of economic society and the increasing of the national anti-corruption efforts and most of the amount involved is especially huge. If arrested at home, undoubtedly they will be severely punished by law, so fleeing overseas has become the only option for the corrupt officials after the crime. After the corrupt officials have arrived overseas they investment and buy houses around or make high consumption, it is contribute to the economic development of their countries, and thus has become corrupt officials to escape legal sanction, the economic development of host countries "win-win" situation. But we can’t attack the corruption effectively under the current judicial system. According to related stipulations of the criminal law of the People’s Republic of China, the criminals’ illegal income shall be recovered to the state Treasury. Meanwhile corruption and bribery cases were executed on the defendant can be added to the property punishment. In order to undo the damage to the maximum and to avoid foreign the people’s property flowing overseas, judgment by default to corrupt officials is realistic urgent. Study on the necessity and feasibility of building the system of criminal judgment by default and research on the comparison it between the Anglo-American law system and continental law system countries abroad, the writer, combined with the current legal system foundation and the present situation in China, has explore the system construction for the judgment by default of the corrupt officials fled overseas criminal trial in our country. Starting from the embryonic form of China’s current criminal procedure law in the criminal system of judgment by default, the writer will set up the theoretical basis of the system, the applicable case type, applicable conditions, court preparation stage and the collection and use of evidence, litigation rights of relief and the final executable program are carried on the concrete institutional regulations, in order to form a more perfect criminal absentia system.