Research On The System Of Trial In Absentia In Criminal Cases Of Corruption And Bribery In China

The system of criminal trial in absentia has been gradually put on the agenda of legal construction since the 18 th National Congress of the Communist Party of China.The establishment of the System in China is not only an urgent need of reality,but also the inevitable requirement of the development of criminal procedure legislation.It is also a major measure to achieve integration with the recovery mechanism of the United Nations Convention against Corruption.At present,the universal trial mode of the world is bench trial,that is,the court makes a fair judgment in accordance with the law on the premise that both the prosecution and the defense are present in court.When the defendant deliberately makes himself unable to appear in court,leading the litigation procedure cannot be carried out,the procedure of Trial in Absentia can be initiated to convict and sentence the defendant.In recent years,with high-ranking corrupt officials fleeing abroad,the absence of defendants in court has become more and more serious,which makes many cases suspended for the time being and then recovered by judicial organs abroad.However,at this time,there is a legal obstacle-the lack of a legally effective judgment,which eventually causes a bad cycle and wastes judicial resources.Nowadays,with the work of China's anti-corruption entering the deep-water area,it is particularly necessary for the system to promote judicial work in practice,and scholars have been analyzing and discussing for many years to form a solid theoretical basis in theory.Therefore,China has already possessed the conditions for the criminal trial in absentia system,applied to corruption and bribery cases to solve the problems in the process of international pursuit of recovery for better.With the latest amendments to the Criminal Procedure Law,the article takes the amendments as the object of consideration for the trial of absentee trials,carrying on the detailed combing and analysis to this system.This paper is divided into three parts:The first chapter analysed the specific content of the system of criminal trial in absentia in criminal cases of corruption and bribery in China,involving the applicable conditions of the trial in absentia system,the delivery of judicial documents,the rights safeguarding and relief of defendants.The article analyzed and elaborated these provisions relying on the law one by one.In the second chapter,on the basis of the analysis of the criminal trial in absentia in the first chapter,finding that there might be still many problems in its actual operation,such as the scope of application of the criminal trial in absentia system,the standard of proof,the extraterritorial delivery,and the trial procedure.The defendant's rights protection and legal remedies need to be further improved.On the basis of the second chapter,the third chapter put forward some suggestions on the improvement of the second chapter by learning from some excellent legislative provisions of foreign countries and the provisions of relevant domestic department laws,viewing to better improving the work of the criminal procedure law(2018)on the criminal trial in absentia system and realizing the judicial civilization of our country.