On The Construction Of The Trial System For Absenteeism In Corruption Cases In China

Generally refers to the crime of corruption,bribery,corruption,embezzlement,or in other similar way infringing property,job occupation,the duty crime of money laundering behavior.In 2005,our country has already approved by the United Nations convention against corruption(hereinafter referred to as the convention),it is our country to establish the system of absentia of good opportunity,but now 10 years on still has not established the system of our country.Theory of the reason is mainly concern about the problem of protecting defendants' rights,but this fear cannot be in China to establish the system of obstacle.In view of the national criminal legislation absentia paradigms differ in thousands ways,can also be absent criminal trial system in China based on the special design of specific national conditions do different from other countries.So,with one kind of criminal cases as "experimental field" of absent applicable criminal trial system,not only conforms to the requirement to perfect the criminal procedure law,and conform to the gradual path of our country's judicial reform.The article will,through the analysis of the characteristics of corruption cases show that it is a good choice for constructing criminal absentia system.This article is divided into four parts:The first part is on the interpretation of absentia system construction of corruption cases in China.First of all,by introducing the academic circle of criminal absentia system several views of the concept of criminal absentia system of corruption cases is defined,corruption in absentia system refers to the prescribed in the existing criminal law of embezzlement and bribery and corruption cases,such as receiver,on the day of court,the defendant under the condition of one party not to appear in court for trial,the court still lawsuit system for a trial.Second,deeply analyzes the corruption crime characteristics,brings the difficulty quite,absence of analysis in the absence of the our country criminal judicial system,and the existing unreasonable absence application rules of the background,cause of corruption cases lack of evidence preservation,lack of corrosion damage problem such as loss of judicial authority,huge assets.And then suggests that corruption in absentia system undertakes the responsibility to solve the problem of the series,is an important legal measures against corruption and safeguarding human rights is absent defendants necessary measures.The third part is the comparative investigation of corruption cases are absent judicial system.Then through comparison of the United States,France,Italy and other countries criminal absentia legislative examples,on the basis of finding suitable for the situation of China's criminal absentia system design.Through the comparison,found that most countries,in the absence of the provisions of the criminal trial system applicable condition,not on the basis of case type.On corruption crime,involving mainly the defendant to lose lawsuit behavior ability and flight in absentia.First of all,for the defendant to lose lawsuit behavior ability,can in absentia.To appear in court for trial is in addition to the rights of the defendant,and the defendant of a duty to the country.Therefore,if the defendant intentionally caused no legal capacity to engage in litigation,you can think is the right of the defendant himself gave up to appear in court,the court trial in its absence.Second,the defendant on the run,can also be in absentia.France and Italy are set for trial on the defendant's absence.Reason is that the defendant has the right to appear in court,the choice to flee means volunteer to give up the right to appear in court.Among them,the French rules similar to the United States federal district court precedent,applies to the defendant on the run from the start,also apply to court trial run of the defendant.And Italian rules apply only to "at any time in the court" and "break" in the court in the escape of the defendant,similar to the U.S.Supreme Court precedent.Both countries of Anglo-American law system and continental law system countries,although the definition and concept is not the same in absentia,but all countriesmade a specific legal provision,the absentia by the prosecuting and defending parties in absentia system to achieve the balance of the litigation rights and obligations of the purpose,at the same time also helps to coordinate the conflicts of procedural justice and litigation efficiency,to perfect our country's criminal absentia system is of great significance.The fourth part puts forward basic train of thought in the system of our country's construction of corruption in absentia.Corruption in absentia system Settings requires not only considering the particularity of the criminal absentia system effectively combat corruption crime,on the basis of rights and aspires to the defendant.Because of the lacking of absentia in litigation form important document cases,so the need for due process of modest correction,and supplemented the corresponding relief measures to prevent some reduction of "procedural justice".In addition,the effective operation of a system depends on the reasonable configuration of corresponding system.To ensure corruption cases criminal absentia system can maximize its independent value of litigation,the witnesses,the judgment reasoning and case cost on issues such as put forward the corresponding perfecting suggestion is also one of this part.