Research On China's Criminal Trial System In Absentia

As a new special system in the criminal procedure law,the criminal trial in absentia system is of great significance to effectively fight against crimes,save the cost of litigation and protect state property.China's criminal trial system in absentia needs to be further clarified and supplemented in practice.First of all,starting from the basic theory of trial system in absentia.This paper sorts out the history of the default trial system and defines its specific connotation,and sorts out the legal arguments under the current judicial system,so as to make clear that the legitimacy basis of our criminal default trial system is the waiver and restriction of the right to appear in court.Secondly,starting from the four aspects of legal system construction,rights protection,pretrial stage and post-trial stage,this paper analyzes the problems of the default trial system in the whole litigation process.The current system of criminal trial in absentia is not perfect in the basic theory,legal system construction,applicable standards and protection of the rights of the parties,etc.It cannot effectively fit the existing investigation and prosecution links and extraterritorial enforcement work,and there are no reasonable provisions on the circumstances of accomplice.The basic reason is that the default trial system itself is still in the early stage of establishment,the theoretical foundation is not firm and there is a lack of judicial practice.Then,aiming at the above problems,the author puts forward some ideas to perfect the system of criminal trial in absentia.The application scope of the default trial system is strictly limited,and the procedural issues such as service of jurisdiction and examination of prosecution are refined.Accordingly,the defendant should be given full litigation rights to resist the exercise of public power,so as to safeguard his own legitimate rights and interests.Continuously optimize and improve the degree of the criminal default trial system and the existing procedure link,from the pretrial link of the standard review content,improve the procurator supervision system to the trial link of the clear accomplice of the trial mechanism,re-establish the proof standard of default trial system,so as to make it in line with the overall framework of the rule of law system with Chinese characteristics.Finally,it is necessary to improve the guarantee and connection mechanism of the default trial system.We should not only carry out the theoretical guidance of trial in absentia,but also adhere to the principle of modesty and restraint,so as to achieve the unity of the rights and obligations of the accused to appear in court,and realize the value concept of paying equal attention to punishment of crimes and protection of human rights.Moreover,we should give full play to the initiativeand cooperation of various organs,highlight the leading role of judicial organs,and build a new type of cooperation in charge and defense.Should also be set with criminal forfeiture double-track system mechanism,play to the role of the court before the conference hosting platform,the defendant pleaded guilty in May forfeit their problem to analysis,at the same time increase the judicial information and the public construction level,use the technology to improve support cases such as video session,absent trial system in our criminal procedure system.