Research On Criminal Absence Trial System In China

The establishment of the criminal trial by absence system has important legal and practical significance in the process of the rule of law in China.It makes up for the legal defects of the confiscation procedure of illegal gains in the criminal procedure law of China,effectively cooperates with the development of the anti-corruption struggle,and fully embodies the determination of the rule of law in China.In the special procedure,the criminal procedure law is specialized in the independent constitution of the trial procedure by absence,which provides for several types of application of the trial procedure by absence,as well as the service system of legal documents,the compulsory defense system,the right of appeal of the defendant and his close relatives,the protest system of the procuratorate,the court retrial system,etc.Several systems set off and connect with each other,forming a relatively complete system of trial by absence under the current special procedures of the criminal procedure law.Although the procedure of trial by absence stipulates the rights of the defendant and the retrial system of the case,there are still many deficiencies in legislation and judicature.The legislative interpretation and judicial interpretation still need to be improved,and the relevant guarantee system of legislation has not been improved.There are still some problems in the connection between the trial procedure by default and the confiscation procedure for illegal gains,and the defendant's rights guarantee measures have not been fully considered,the judgment after criminal trial by default is difficult to execute,etc.For the above problems,we should take effective measures to make up the loopholes and improve the deficiencies in time,and improve the framework of the trial by default system.It mainly includes: the legislation should be based on national conditions,learn from foreign experience,learn from other department laws,build a unified legal system,formulate appropriate legislation and judicial interpretation,and link up the relationship between justice and supervision;the judicial aspect needs to have relevant supporting systems,set up the announcement delivery system,improve the connection between the default trial procedure and the illegal income confiscation procedure,and improve the criminal execution System,to protect the right of appeal of the defendant and his close relatives,to strengthen the trial supervision of the people's Court on the cases of trialin absentia;in the relief measures,to unblock the right of knowledge of the defendant and his close relatives,to implement the defendant's compulsory right of defense,to limit the defendant's right of objection,to protect the defendant and his close relatives' right of appeal,and to improve the trial supervision system of the people's court.In addition,we should play the role of criminal trial by default.For other special cases,such as the defendant's death,misdemeanor,escaping from the trial,being taken away from the court in violation of the order of the court and the defendant's proposal to adopt remote video,we should actively consider whether to apply the trial by default.If it is in line with the original intention of the legislation,it can be included in the default trial procedure in legislation.