Research On Trial Procedure In Absentia For Corruption And Bribery Crimes

The establishment of the criminal default trial procedure follows the development trend of the Criminal Procedure Law of the People's Republic of China and fills the gap in the field of the criminal default trial in China.The main purpose of its establishment is to combat corruption crimes,especially taking action on fugitive repatriation and asset recovery for badger hat fleeing abroad.However,due to the lack of participation of the defendant,which breaks the traditional litigation structure mode,it must have some deficiencies.At the same time,as a new legislative procedure,there are still many specific application problems.This paper mainly studies the related issues of default trial procedure in corruption and bribery crimes.On the basis of the existing theoretical research,it analyzes the reasons for the problems of this procedure,tries to explore the methods to make up for these inherent deficiencies,and discusses and improves its application in judicial practice,so as to make the procedure meet the needs of judicial practice and give full play to the legislative purpose of the establishment of this procedure.The paper is divided into four parts.The first part is the analysis of the basic theory.Firstly,the concept of default trial in corruption and bribery crimes is clarified,then its value is explored,and the current situations of legislative and judicial application conditions are analyzed.The second part is an analysis of the inherent and applicable problems of this procedure.Inherent problems refer to the absence of the defense in a default trial,therefore there is no tripartite structure of prosecution,resulting in an imbalance in the structure of the proceedings,so that the relevant rights of the defense are missing or difficult to guarantee.The applicable problem mainly refers to the lack of proper connection between the laws and regulations in application,the unclear specific scope of application,the insufficient protection of the right to know,and the lack of necessary restrictions of the retrial proposed through the right of objection.The third part is the analysis of the causes of this procedural problem.The author summarizes that the reasons for the problem of default trial procedure in corruption and bribery crimes are the conflict of multiple values,the limitation of the law itself,and the lack of experience in judicial practice.Therefore,the author makes a detailed analysis on them.The fourth part is a suggestion for improving this procedural issue.By creating a tripartite litigation structure and constructing a system to safeguard the rights of defendants to make up for its inherent deficiencies.Then it is to solve the specific problems that arise in the application,to make a good connection between the laws and regulations,to clarify the specific scope of application,to optimize the service of process so that it is easy to operate and feasible to protect the right to know.Finally,it makes necessary restrictions on the right of objection to the retrial,thus enriching the theory related to the construction and improvement of this procedure.