On The System Of Criminal Trial In Absentia In Our Country

In recent years,China has vigorously promoted anti-corruption work,especially after the 18 th National Congress,China's pursuit of corrupt elements fleeing abroad,recovery of property involved in the case and other work is progressing smoothly,in order to overseas recovery and recovery work can have a breakthrough,in 2018 when China revised the Criminal Procedure Law increased the trial procedures in absentia,before that,only the criminal field did not have the relevant provisions of trial in absentia,civil and administrative areas of the system is relatively complete,in 2012 increased the confiscation of illegal proceeds procedures.Although this procedure is similar to the trial procedure in absentia,it can be seen as the prototype of the trial in absentia,but it does not have the function of solving the conviction of the accused in absentia trial,only solves the problem of the property involved,so there are still limitations,so the revision of the Criminal Procedure Law means that the formal establishment of China's criminal trial system in absentia.Criminal trial in absentia is also a system to solve the criminal responsibility of the accused,but its special feature is that it is aimed at the defendant who did not appear in court,in addition to continuing to promote the international pursuit of stolen goods,solve the backlog of cases caused by the absence of the accused,but also provide supporting measures for the reform of the monitoring system,naturally has the necessity of establishment and implementation,but after all,absentee trial is the first established in the criminal field of our country,there are many imperfections in the legislative level and judicial practice,The provisions and experience of criminal absentia trials in extraterrient countries and international criminal justice are much richer than in our country,so this paper selects several extraterrient representative countries to study and analyze their legal provisions and judicial applications to find out if there are any practices that our country can learn from.At the same time,by interpreting and analyzing the legal provisions of the trial in absentia in our country's criminal procedure law,we discuss the shortcomings in our country's current legislation and possible problems in the application of judicial practice,and also look forward to the application of the system,and try to provide some suggestions for the reasonable perfection and correct application of our country's existing criminal trial system in absentia to a certain extent.