| In recent years,with the continuous change of the international situation and the development of global economic integration,corruption crime has been showing the characteristics of cross regional and international,and the fleeing of corrupt officials has become a new trend of corruption crime.The fleeing of corrupt officials has become an important part in the anti-corruption struggle of various countries.In the criminal procedure law of 2012,the procedure of confiscation of illegal gains was recognized by law for the first time and regulated as a chapter of special procedures,but it did not mention the system of trial by default.In order to solve the problems in the current judicial practice and fight corruption,the new criminal default trial system in 2018 will add another weapon for the international anti-corruption work.The establishment of the system of trial by default has greatly improved the criminal fled overseas cases have not been able to to trial,stolen money is difficult to be disposed and the victim of the plight of loss is difficult to get up in time,it implements the penalty crime and safeguard the rights and interests of the victim.However,it has to be said that the trial by default procedure has changed the traditional pattern of the two parties’ debate litigation,but in the case that the defendant does not appear in court,the case is tried and the judgment is made.This is likely to lead to the unequal status of both sides of the prosecution and defense can not form an effective confrontation,and even lead to the defendant’s procedural and substantive rights are violated by the public power.Therefore,in the criminal trial by default,how to strengthen the protection of the rights and interests of the defendant,to ensure the realization of the defendant’s litigation subject status and the defendant’s litigation rights are essential.China’s criminal trial by default system has also set up many mechanisms to protect the defendant’s litigation rights,however it still has some defects.This thesis is composed by four parts to explore how to improve the trial in absentia of the defendant’s rights protection.The first part is the introduction including the background,purpose and method of this topic.The second part mainly introduces the relevant concepts criminal trial by default,and understands the development process and the characteristics of the criminal trial by default.The third part is the Theory analysis and model analysis of the guarantee of the right to sue for corrupt officials who fled abroad in criminal trial in China.Through relevant data,further analysis of the existing problems in practice and legislation.The fourth part focuses on the drawbacks of the third part,The fourth part draws on some excellent foreign legislative provisions,combined with China’s national conditions,to put forward some feasible and perfect suggestions on the guarantee of the right of prosecutors of fugitive officials in criminal trials in absentia in China.In order to better promote the development and application of criminal trial proceedings in absenteeism,it is beneficial to the application of judicial practice in China. |
