Research On The Procedure Of New Trial In Criminal Absentia In China

From the pursuit of escape to the pursuit of stolen goods,criminal trial in absentia and its retrial fully reflect the concept of "people-centered" criminal trial,and because China's "Extradition Law" and a number of extradition provisions and regulations signed with other countries clearly stipulate that the default judgment does not extradite,the trial in absentia came into being.The newly revised criminal procedure law stipulates criminal trial by default and its retrial in chapter three of special procedures.It is easy to see that the retrial of trial by default has its unique nature and scope of application.In the process of trial,there are two different types of trial by default: the accused to the case and the accused to the case after the judgment takes effect It also has different characteristics.Although the retrial of trial by default was born in the special background of the promotion of anti-corruption strategy and the equal emphasis on the pursuit of escape and recovery of stolen goods,and supported by corresponding theories,without practical test,under the macro legislative framework,as early as the eve of legislation,the discussion on the amendment(draft)of the criminal procedure law had been mentioned in the poor operability,many places still need to be clear The problem is still prominent after the newly revised criminal procedure law is officially promulgated.Whether and how to limit the start of retrial by default,the relevant jurisdiction issues,the effectiveness of the original judgment and the composition of the collegial panel that have not been mentioned in the legislation,and how to regulate and guide in the special relief mechanism of retrial by default are related to a series of issues related to the trial by default The future development direction and improvement path of retrial requires us to examine the value orientation and theoretical basis of the criminal trial by default system.We should not only implement the special value of the criminal trial by default system,but also pay attention to the concept of procedural legitimacy and fairness and justice of the special relief mechanism of retrial.