Thoughts On The Construction Of Criminal Absentia Trial System For Corruption Cases In China

Corruption has long been plagued by governments,especially with the development of economic globalization,cross-border corruption molecules,including global hidden assets of corruption and anti-corruption recover stolen money or goods has become a global problem in order to deal with corruption,the United Nations convention against corruption,and get a positive response to many countries and regions in our country in 2005 formally ratified the treaty into force of the convention,however,no such as expected for our country's overseas anti-corruption recover stolen money or goods to bring substantial help on the one hand,the reason is that the problem of corrupt officials fleeing house already a long time,not overnight can effect a radical cure;On the other hand,the lack of a trial system for the absence of the accused when the accused fled,China's proceedings can only stagnate the lack of corresponding procedures,making China's international anti-corruption and asset recovery worse.In order to deal with this problem,our country in 2012 added in the points to modify the program illegal incomes confiscated,absent,aimed at the defendant can only according to the property involved in the trial this is a transitional program after more than six years of judicial practice,however,the illegal income confiscated program did not undertake its historical mission difficult,due to the application filed investigation difficult,program start long difficult period,trial difficult,due to reasons such as makes it real hard in practice by the judicial organs substantial on the shelf in the face of increasingly severe corruption situation,set up the timing of the real criminal absentia system gradually mature The system of trial in absentia can make up for the deficiency of China's single lawsuit system,cope with the severe corruption situation,better connect with international anti-corruption conventions,and facilitate the development of international judicial assistance.Based on these considerations,China formally established the trial in absentia system when the criminal procedure law was revised in 2018.Trial in absentia is not a new concept,and it has been established in many countries around the world.For example,safeguarding the judicial sovereignty of a country in line with the principle of prosecution and the principle of statutory prosecution requires that the efficiency of litigation can be balanced with the principle of human rights protection,which has been generally recognized by the international community.The criminal default trial system established in China in 2018 is the first time that China has established a genuine criminal trial system.As a new system that is beginning to take shape,it will inevitably face a variety of problems.Judging from the feedback from the current academic and judicial practice departments,there are mainly some questions about the trial of the trial system in absentia:the scope of application of the procedural norms of trial in absentia,and the rationality of the application of the legal aid system.The problem of competing with the law of confiscation of illegal income,and the need for system support for property recovery,the issue of substantive notification,the issue of the right to object.In this paper,these questions are tentatively put forward to propose a perfect solution,from the interpretation of common problems,legislative interpretation and improvement of legislative techniques and follow-up of supporting measures,in order to provide some improvements for the trial of absent trials.