Research On The System Of Trial By Default In Corruption And Bribery Cases

Since the 18 th National Congress of the Communist Party of China,anti-corruption work has been put on a more important agenda,and a clear direction of struggle has been pointed out for resolutely curbing corruption and correcting the social atmosphere.The flight of corruption and bribery criminals brings a great challenge to the fight against corruption,and it is difficult for criminal suspects and defendants to return to the country,which is the top priority in dealing with the case of fugitive corruption personnel.It is not only not conducive to the realization of the basic principle of equality before the law,but also affects the stability of social order.On October 26,2018,China adopted the newly revised criminal procedure law of the People’s Republic of China to add a criminal trial procedure in absentia,whose primary target is the criminal suspects and defendants who have fled abroad for corruption and bribery.The addition of criminal default trial procedures will greatly change the inefficiency of the pursuit of fugitive pursuits abroad,improve judicial efficiency,and achieve fairness and justice.For the establishment of this new system,it is not to fulfill its mission.To better manage corruption in practice is the significance of adding this new system.Therefore,how to achieve the goal of establishing a criminal default trial system is necessary and urgent.The first part elaborates the significance of this topic and the current research situation at home and abroad.This part clarifies the importance of establishing a criminal default trial system for corruption and bribery cases,and believes that for this newborn system,our country cannot be limited to legislative design and should be combined with practice in order to better fit our national conditions and give full play to its due Legal value.The second part defines the concept of the default trial system for corruption and bribery cases,and explains the legal value it contains.The current default trial system for corruption and bribery cases is more comprehensively regulated from the investigation of the case to the accused and the criminal to the post-treatment of the case,which lays the foundation for the legal system for practical application.At the same time,and analyzes the general social value and the social value in the Legal context of China,and clarifies the value of the system establishment in order to give full play to its greatest positive role.The third part compares the criminal trial in absentia.This article conducts a comparative study by briefly describing the provisions of the criminal default trial system in France,Germany,Russia,the United States,and China ’s Macao region and other countries and regions.The conditions,litigation procedures and relief and guarantee methods draw on the more mature relevant laws and regulations outside the territory to summarize experience for the continuous improvement of China’s newly established criminal default trial system.The fourth part analyzes the legislation of the trial in absentia in China’s current corruption and bribery cases.Only by grasping the legislative process of the system can we deeply understand the original intention of the legislator to establish the system,tap the practical significance behind the system,and better exert the value of the system.In this paper,the default trial system of corruption and bribery cases is cut into scientific,democratic and efficient,and with these three indicators as the object,analyze whether the criminal default trial system established in China is scientifically perfect.The fifth part focuses on the procedural connection problems that may arise in the practical application of the criminal default trial system of corruption and bribery crimes.The practice of criminal default trial system for corruption and bribery cases is more difficult to apply,and the social impact of the target of the attack is greater.So far（as of March 2020）,there have been no cases of application of the system,and the lack of practical experience testing system is not complete.Therefore,this article focuses on the classification of the starting conditions and the scope of application of the trial in absentia in corruption and bribery cases,to prejudge possible situations that may arise in practice,and to propose relevant improvements.By studying the provisions of the criminal default trial system for corruption and bribery crimes in the current criminal procedure law,this paper analyzes the different situations that may occur in the procedures of case filing,prosecution review,trial opening and evidence application,and puts forward relevant Suggestions for improvement.At the same time,in order to make up for the lack of basic rights of the defendant in absentia trials in the current Criminal Procedure Law,a more comprehensive remedy is given,but in practice the excessively large relief rights of the prosecuted person will also have an adverse effect.Therefore,this article analyzes the limitation of relief channels for the respondent in the trial of corruption and bribery cases in different situations,and proposes relevant improvements.