Study On The System Of Absence Trial In China

Our country has established the system of criminal trial by default,which can be tried by default for specific criminal cases.The establishment of the system of criminal trial by default in China has great significance in solving the problem of indefinite suspension of trial caused by the absence of the accused.It improves the efficiency of criminal trial and better safeguards the rights and interests of the victims and restores the social order destroyed by criminal acts.It is undeniable that the establishment of any new system can not be perfect and perfect.The special procedure of criminal trial by default in our country is no exception.Initially,at the second meeting of the Standing Committee of the 13 th National People's Congress,the Criminal Procedure Law of the People's Republic of China(Draft Amendment)was considered in groups.The scope of application of the proposed system of criminal trial by default was "for corruption and bribery and other criminal cases",and it was also applicable to the situation of the death of the defendant in retrial cases when the suspect fled or was seriously ill and could not appear in court.On October 26,2008,the Sixth Session of the Standing Committee of the Thirteenth National People's Congress adopted the Decision on Amending the Criminal Procedure Law of the People's Republic of China,which extended the scope of application of the criminal default trial procedure to "serious crimes against national security and terrorism crimes approved by the Supreme People's Procuratorate".Ultimately,the criminal default trial procedure established in our country applies not only to corruption and bribery cases,but also to crimes that seriously endanger national security and terrorist activities.In this regard,the author believes that the scope of application of criminal default trial procedure in China is still too narrow.For example,the Criminal Procedure Law of China in 2012 established a special procedure for confiscation of illegal income in cases of corruption,bribery,terrorism and other crimes.The special procedure for confiscation of illegal income in criminal suspects,defendants' escape and death cases has a high degree of coincidence with the scope of application of the criminal default trial procedure,and the trial results are inclusive.Then,what are the differences between the two special procedures,how the public prosecution organs choose the application of the procedures,and even whether the special procedures for illegal confiscation need to be abolished,and so on.For these problems,the author believes that we should clarify the relationship between the specialprocedures for criminal default trial and the special procedures for confiscation of illegal income.Moreover,in the special procedure of criminal trial by default,the accused's close relatives are granted the right of appeal,and at the same time,the criminals who have been sentenced by default can request a retrial.We can not help asking whether such a procedure is designed to improve judicial efficiency or to pursue human rights excessively.In this regard,the author believes that China's current criminal trial by default special procedures relief way is too broad.Looking at the process from imperfection to gradual application of various criminal cases,the system of criminal trial by default in all countries of the world is a compromise that seeks to improve judicial efficiency without losing fairness and fairness.In order to improve the special procedure of criminal trial by default in our country,this paper seeks to draw lessons from the provisions of criminal trial by default in major countries(regions)of the world.To sum up,the author will analyze the problems in the application of the special procedure of criminal trial by default in our country,and put forward corresponding suggestions for improvement.This paper is divided into three parts: introduction,body and conclusion.In addition to introduction and conclusion,there are four parts.The first part mainly introduces the basic theory of the special procedure of criminal trial by default in our country.From the concept,characteristics and the corresponding legal provisions to discuss.The concept is the most basic summary of the essence of a thing.Through introducing the characteristics of the concept and the relevant provisions of the special procedure of criminal trial by default in our country,this part analyses the great significance of establishing the special procedure of criminal trial by default in our country from theory and reality,so that we can have a general understanding of the special procedure of criminal trial by default in our country.The second part mainly introduces the problems faced in the establishment of the system of criminal trial by default in our country.First,we clarify the relationship between the special procedure of criminal default trial and the special procedure of confiscation of illegal income.Then we talk about the analysis of the re-trial procedure after the party arrives at the case in the criminal default trial.Then we discuss the service problem of the special procedure of criminal default trial in our country,the loose relief method and the role of the close relatives of the accused,so as to elaborate the problems faced and analyze the reasons.The third part mainly introduces and compares the provisions and practices of the current criminal Default Trial System in the continental law system represented by Germany,France,Japan,Italy and the typical common law countries(regions)represented by the United States and Britain,and summarizes and compares the relevant foreign criminal default trial system.The fourth part focuses on the drawbacks of the second part,and puts forward some suggestions on the selection and application of the procedure of trial by default and confiscationof illegal income,the consideration of the right of objection in criminal trial by default,the improvement of the re-trial procedure,the improvement of the mode of service,the strict application of the right of appeal of the defendant's close relatives,and the improvement of the scope of application.