| Criminal trial system in absentia is a kind of compromise which seeks to improve judicial efficiency without losing fairness and justice.With the introduction of the new criminal law,the system of trial in absentia as a new system has been initially established.It is very important that the establishment of the system completely addresses the question of the indefinite termination of the trial due to the absence of the accused.It improves the efficiency of criminal justice and,to some extent,protects the rights and interests of victims.There are also many problems in the system of trial in absentia in practice,such as the right to appeal by the close relatives of the accused in our criminal trial system in absentia,and the right of the accused to request a retrial after the judgment in absentia rights,which creates a conflict between human rights guarantees and judicial benefits.In view of these problems in the criminal trial system in absentia,the author has consulted the data from the establishment to the perfection of the criminal trial system in absentia all over the world.After referring to the provisions of the criminal absent trial system in major countries(regions)in the world,some suggestions are put forward for the criminal absent trial system in our country.This paper discusses the concept,practical significance,theoretical basis and the relationship between the special procedure of criminal absentee trial in our country,and analyzes the scope of application of the criminal absentee trial system in our country,how to conduct the retrial after the criminal suspect comes to the case,and the criminal lack This paper analyzes the reasons of how to serve the Chinese books,how to guarantee the rights of the accused and how to regulate the right of appeal of the close relatives of the accused,and puts forward some concrete countermeasures,such as expanding the scope of application of the criminal trial system in absentia,perfecting the protection mechanism of the rights of the accused and perfecting the mode of service. |
