A Study On The Default Criminal Trial System

In recent years,how to more effectively control the escape of corrupt officials to realize the criminal and illicit money chasing overseas are the problems for the judicial anti-corruption.The establishment of the criminal trial system for absenteeism can provide a way to solve this problem,but because of its conflict with the procedure participation right of defendants,Chinese legislators have concerns about whether to confirm the system.In the middle and late 20 th century,with the increasing number of crimes,more and more countries have established the criminal trial system for absenteeism for the sake of litigation efficiency.In 2018,the Standing Committee of the National People's Congress passed a new criminal procedure law and established the criminal trial system for absenteeism.As a new system in the Criminal Procedure Law,its concept definition,theoretical basis,value and program design need to be further systematically elaborated.The article intends to conduct research from these aspects in order to make the system better serve judicial practice.The criminal trial system for absenteeism refers to a system in which some criminal cases continue to be tried in the absence of the defendant.The theoretical basis of criminal absence is because of the reasonable limitation of the obligatory trial for the crime,the efficiency of litigation and the presence right of the criminal defendant in court.The criminal trial system for absenteeism is suitable for combating corruption crimes.It also has the value of improving judicial efficiency,safeguarding judicial authority,and realizing judicial justice.It can effectively prevent criminal suspects or defendants from evading criminal sanctions and protect the legitimate rights and interests of the parties in a timely and effective manner.Although the criminal trial system for absenteeism has many values,but because it limits the exercise of the defendant's participation in the procedure,the legislature only stipulated the criminal gains confiscation procedure when the criminal procedure law was amended in 2012,but the system that stipulates the confiscation of property to the defendant without the conviction and sentence is also widely criticized.To this end,the criminal trial system for absenteeism established by the legislators in the Criminal Procedure Law amended in 2018 has set up a series of procedures to guarantee the exercise of the defendant's rights to balance the relationship between the criminal trial system for absenteeism and the defendant's participation in the procedure.First,the scope of application of the case is strictly limited to prevent abuse of the system.Second,establish a system of pre-examination mechanisms for judges and set thresholds for the application of trials in absentia.Thirdly,strict notification and delivery procedures are used to protect the defendant's right to know,and the mandatory defense system guarantees the defendant's right to defense.At the same time,the dissent and appeal rights are set up as relief mechanisms to protect the defendant's rights.The systematic setting of the defendant's rights effectively compensates for the restrictions on the right to participate in the system.In short,setting up the criminal trial system for absenteeism is not only a requirement for the anti-corruption system in the new era,but also solves the problems existing in the operation of the single bench trial mode.An in-depth and systematic study for the criminal trial system for absenteeism is very beneficial to the guidance and service of judicial practice.