The Research On The System Of Criminal Trial In Absentia

As an exception to the ordinary criminal trial procedure,the system of criminal trial in absentia has been established in the criminal code by many countries in the world.However,in the past a long time in our country,due to the lack of this system,it was impossible to conduct trials of criminals who fled abroad,and it was impossible to effectively crack down on crimes and demonstrate the authority of the rule of law.The "Decision on Amending the Criminal Procedure Law of the People's Republic of China"(hereinafter referred to as the "Decision")adopted at the Sixth Session of the Standing Committee of the 13 th National People's Congress in 2018 formally established the system of criminal trial in absentia.The long-standing problem of system vacancy is resolved.The system solves the long-standing problem of institutional deficiencies in judicial practice.This is a major advancement in China's criminal litigation system,which further improves the legal basis of the party and state anti-corruption work,can effectively combat the arrogance of the exiled criminals,and maintain the dignity of the rule of law and the stability of society.Secondly,it is also conducive to the realization of the litigation economy and the protection of the legitimate rights and interests of the parties.However,due to the natural defects of the trial procedure in absentia,there are still some shortcomings in the legislation,including the scope of application,the right to defense and the procedure of trials.This paper explains the justification basis of the system of criminal trial in absentia,sorts out the system of criminal trial in absentia in China,and conducts a comparative study on the system of criminal trial in absentia in the world for comparing with China and finding the inadequacies to provide some ideas for improving this system.The full text has four parts:The first part elaborates the justification basis of the criminal trial system in absentia.The justification of the criminal trial system in absentia is based on the balance between controlling crime and protecting human rights,judicial justice and litigation economy,substantive justice and procedural fairness,the refusal of the defendant's right to appear in court,and the protection of the rights of victims.The criminal trial system in absentia contains a balance between the three concepts of crime control and human rights protection,judicial justice and litigation economy,substantive justice and procedural justice.On the one hand,it is necessary to control illegal crimes,crack down on illegal crimes,and on the other hand,fully guarantee the human rights of the accused must not only improve the efficiency of litigation,but also ensure judicial justice,in addition to balancing substantive justice with procedural fairness.The theory of rights waiver means that the accused has the right to waive the right to appear in court.The premise of this theory is that court appearance is the defendant's right rather than obligation.The victim relief theory refers to the strengthening of the protection of the rights of victims of criminal proceedings,including the timely handling of cases and the timely compensation of victims' losses.The second part sorts out the criminal trial system in absentia in China.The amendment of the Criminal Procedure Law stipulates the criminal trial system in absentia.This is the first time that China's criminal procedure law has systematically regulated the trial system in absentia in the form of statute law.The trial procedure in absentia has different characteristics from the trial procedure of the maternal trial,and it has inherent limitations.But at the same time we must also see the rationality and necessity of its existence.The number of people involved in corruption,bribery and the case have caused adverse effects in society;the crimes against national security and terrorist have become increasingly rampant,and they have also hindered the normal and stable development of the country and society.Therefore,such crimes should be dealt with in a timely manner to prevent the loss of evidence over time.Cases in which the defendant is seriously ill or unable to attend the court should also be tried in time to avoid delays in the proceedings and let the innocent accused get an acquittal.The third part compares the extraterritorial criminal trial system in absentia.China Hong Kong,China Macao and China Taiwan,the United States,France,Germany have established a criminal trial system in absentia,but they have their own characteristics in terms of scope of application and procedures.The fourth part discusses the shortcomings of the newly established criminal trial system in absentia in China,and puts forward suggestions for further improvement.As a controversial criminal litigation system,the system of criminal trial in absentia is strictly limited,and strict procedural regulation is imposed.China's current legislation adopts a "prudent" attitude,and its scope of application is not large.The author believes that it is possible to appropriately expand the scope of application,improve delivery method,make appropriate adjustments in the order of the law,and clarify under what circumstances the priority application of the illegal income confiscation procedure.This requires us to continuously strive to continue to demonstrate and explore theory and practice.