The Problems And Improvement Of The Criminal Procedure Of Trial By Default In Our Country

In order to strengthen China's anti-corruption and international fugitive repatriation and asset recovery,provide supporting measures for the supervision system reform,and meet the needs of the accused who has been seriously ill or dead in the field of the criminal trial in absentia,the Standing Committee of the National People's Congress passed a decision on amending the Criminal Procedure Law of the People's Republic of China and added the criminal trial in absentia on 26 th October,2018.Since the procedure was the first established in China's criminal legislation,a direct legislation model was adopted,the supporting judicial interpretation has not yet been issued,and the existing regulations are not clear enough as well,troubles may exist in legislation and application.The full paper is divided into four parts:The first part is the basic theory of the criminal trial in absentia.Starting from the origin of the trial of absenteeism,it defines the concept of criminal trial in absentia,clarifies its characteristics,and expounds its pioneering value,which provides the basis of analyzing the existing problems below.The second part is about the problems exist in legislation of thecriminal trial in absentia in China.Based on the current legal regulation of the Criminal Procedure Law,this part firstly introduces the main content of the criminal trial in absentia in China.Then it divides the program into three parts analyzing potential problems in legislation : The inadequacy of the notification procedure will lead to the limitations in court's obligation to delivery,the specific delivery period,as well as the close relatives' right to be informed.The lack of relevant guarantees in the trial process will result in weaknesses in supervision in the trial process,the defense right and the use of forfeiture proceeding of illegal proceeds.The shortcomings of the criterion in remedy procedures will cause undifferentiated application of the appeal right and the objection right as well as unlimited raising objections.The third part is the extraterritorial criminal trial in absentia and its enlightenment.This part compares and contrasts the range of the applications,characteristics and various safeguard procedures applicable to the criminal trial in absentia among the United States,the United Kingdom,Germany and France.Combining the revelations of other countries with the actual national conditions of China,this paper will bring forth a way to optimize the criminal trial in absentia in China.The fourth part is the suggestions on improvement of the criminal trial in absentia in China.Based on the experiences abroad,this part will put forward some suggestions which includes clarifying the court'sobligation to delivery,setting a reasonable delivery period,expanding the rights to be informed of close relatives to refine the notification procedure,guaranteeing the defendant's right to be informed.Improving the openness and participation of the trial and increasing the lawyer's right to defend,properly linking the forfeiture proceeding of illegal proceeds to improve the trial procedure,making up for the lack of rights due to the absence of the defendant.Distinguishing the application of appeal right and objection right,restricting the reason and time of objections proposed to regulate the remedy procedure,and endowing the defendant right to relief.Based on the results of the above analysis,the paper is intended to provide the fundamental guarantees for the criminal trial in absentia in practice to maximize its goal of combating corruption crimes,improve litigation efficiency and safeguard the human rights.