Research On The System Of Criminal Trial In Absentia

On October 26,2018,the Sixth Session of the Standing Committee of the 13 th National People's Congress of China adopted the Decision of the Standing Committee of the National People's Congress on Amending the Criminal Procedure Law of the People's Republic of China,marking the criminal trial system in absentia was formally established in China.Throughout the long-standing legal experience and wisdom accumulated by the international community in the criminal trial system,the establishment of a criminal trial system in criminal lawsuits in China has extremely important theoretical and practical significance and is a wise move to meet the needs of social development in China.In the current historical background,it is of great practical significance to improve and perfect the criminal trial system in China,to find out and make up for its inadequacies,and explore its own institutional value.On the one hand,it helps to promote the criminal trial system to adapt to the wane of the reform of our judicial system.On the other hand,it helps to promote the benign and orderly of the construction of the law civilization in our country.The research on the criminal trial system in absentia is discussed from the macro and micro levels.First of all,the author focuses on the basic theoretical issues of the criminal default trial system from the macro level,and elaborates on the concept,classification,theoretical basis,function and structure of the system.Secondly,from the micro level,the author combines China's 2018 Amendment,using text analysis research methods to focus on the specific content of the criminal trial system,including legislative style,scope of application,applicable conditions,rights protection,remedies,case jurisdiction.And different levels of trial procedures,supervision by the People's Procuratorate.Thirdly,the author analyzes and clarifies the relevant laws and regulations of the criminal trial system in China,and finds some problems in the aspects of legislative technology,scope of application,protection of rights,and analyzes them one by one.Finally,based on China's actual national conditions,the author draws on and considers the advanced foreign legislative experience,and puts forward corresponding suggestions for the problems existing in China's current criminal trial system: for example,adjusting the structure of the articles,standardizing the scope of application,implementing the rights protection mechanism,and refine the relief route.