Discussion On The Construction Of Absence Justice System In China

In the history of world legal system,absence justice system has experienced the process from the establishment to perfection.As the result of the value of the balance between procedural justice and litigation efficiency,absence justice system has been established in many countries and regions.However,our country lacks this system.Lack of absence justice system has caused many difficulties in judicial practice and theoretical construction.Because it is possible that the criminal suspect or defendant fled,died or lost the capacity to engage in litigation at any stage of the investigation,prosecution or trial.In addition to the fact that the new criminal procedure law stipulated the illegal income confiscation procedure in the limited aspect in 2012(The author has positioned it as the exploratory legislation in our country.),the litigation will be suspended or terminated when the above situation arises because the court are unable to initiate the procedure of absence justice system.On the one hand,guilty defendant cannot be investigated for criminal responsibility because of the suspension even if the case is clear and the evidence is sufficient,and the victim also cannot recover property in time by incidental civil action.On the other hand,the suspension can also make those criminal suspect or defendant who do not constitute a crime suspected for a long time.It not only damages individual legal rights but also conflicts with the idea of restorative justice.The existence of the above dilemma fully reflect the necessity of constructing our own country's absence justice system,and the premise of system building is to clear the relationship between the system and the illegal income confiscation procedure.The author thinks that,on the one hand,the illegal income confiscation procedure start-up conditions are demanding and the applicable scope is limited,it is difficult to cover the case which absence justice system should be applied.On the other hand,the emergence of the illegal income confiscation procedure created "punishment without guilty" mode of criminal law,which has violated the principle of responsibility and crime and penalty and basic concept of law in our country.Therefore,although the current criminal procedure law system has added the illegal income confiscation procedure that does not mean that the exploration of the absence justice system has lost its value.In view of this,the author combined case analysis method,comparative research method,literature research method and comprehensive discipline analysis method,took present China's criminal procedure theory system construction difficult and judicial practice dilemma as the background,focused on the application scope of the absence justice system as well as the relief mode of various stages before,during and after the trial,and learned from external experience and combined current research results.The purpose of this paper is to demonstrate the necessity and feasibility of the establishment of the absence justice system in local criminal proceedings,discuss and solve the practical problems brought by the defendant's absence and balance the conflict between procedural justice and litigation efficiency value.