Research On Legal Probelms Of Default Trial In Corruption And Bribery Crimes

As a special criminal procedure,the criminal default procedure is developed with the development of the system of default in the field of civil litigation.From a global perspective,the establishment of the criminal default procedure meets the value needs of justice and efficiency in criminal proceedings.In particular,in the application of corruption and bribery crimes,it plays an important role in promoting the pursuit of fugitives and the punishment of corruption crimes.The criminal default trial procedure was formally established only when China revised the Criminal Procedure Law in 2018,and it is mainly applicable to cases of corruption and bribery.The establishment of the criminal default trial procedure can simultaneously convict and sentence the defendant who has escaped corruption and bribery crimes abroad and deal with the property involved in accordance with the law,which has improved the legal system for anti-corruption work.However,due to legislative and judicial reasons,there are still many shortcomings that need to be improved and studied.This article examines the development history of the criminal default trial system,the characteristics and theoretical basis of the criminal default trial system,and the legislative history of the system in China,and then studies the difficulties in prosecution of corruption and bribery crimes in China and the legislation and judicial application in the absence trial.From the perspective of these dilemmas,we try to look at the general situation of extraterritorial criminal default trial system and its significance to China.Finally,we start with the scope of the case,the protection of the defendant's right to inform,the improvement of relief measures,and The connection of special confiscation procedures for illegal gains and the confession and punishment of confession are put forward from the perspective of the absence of trial procedures under the lenient system to make some suggestions.As a new system in the field of criminal litigation,there are many problems in the criminal default trial procedure that need to be continuously improved in practice.It is hoped that the research in this article can further promote the understanding of the system.