The Research On The System Of Criminal Trial In Absentia

Since the 18^th National Congress of the Communist Party of China,anti-corruption and international pursuits have made significant progress and have been widely embraced by the masses.However,China has not yet established the criminal trial in absentia,which would lead to several detrimental consequences to the interests of our country and society,due to the corrupt officials can be judged only when they are extradited into the country,and the court unable to initiate the judge process on the accused ones and their properties.China established a criminal trial in absentia in the form of amendment in 2018,to provide institutional support for overseas pursuits and adapt the growing needs for the reform of the national supervision system and lawsuit benefit.Starting from the connotation and historical evolution of the criminal absentia trial institution,this dissertation introduces the situation of the criminal absentia trial institution in different historical development stages and thus leads to the establishment process of the criminal absentia trial institution in China.Then through to the overseas legislative cases of criminal absentia institution,sums up the different legal systems under various countries criminal legislation system about criminal absentia institution applicable situation,the types of applicable cases and the defendant can seek relief way,and analyses the reason of its corresponding regulations,based on the investigation to the criminal absentia institution the overseas rules,can help to further expound the theoretical basis of the system.To analyze the connotation and extension of t the criminal absentia trial institution,to study the theoretical basis of the system and the necessity of its application,to understand in theory and to ensure the effective application of the criminal absentia trial institution in judicial practice are the urgent problems to be solved in the current criminal procedure legislation.The system of criminal trial in absentia,as a case opposite to trial by bench,is different from trial by bench in value selection.It gives priority to the protection of national and social interests among numerous interests.In the pursuit of lawsuit benefit value and litigation justice value,it attaches importance to the improvement of lawsuit benefit.Then,this dissertation lists the specific contents of China's criminal absentia trial institution and finds that there are some aspects that need to be improved,including the relevant service procedures for pre-trial initiation,mandatory defense provisions for trial defense,and the exercise of the right of objection and right of appeal under the post-trial relief procedures.Finally,based on the specific provisions of current the criminal absentia trial institution in our country,draws on the extraterritorial related institutions and transforms them locally,trying to improve the system before the trial,trial defense and post-hoc relief.Design a criminal absentia trial institution industriously in accordance with China's judicial environment and local situation.