Study On The Procedure Of Criminal Absentia For Corrupt Fugitives

In 2018,China revised the Criminal Procedure Law,and the revised Criminal Procedure Law added a default trial procedure in a special procedure chapter.This is the first time in China to stipulate the criminal absentia trial procedure in the form of legislation,breaking the traditional mode of court trial,which is a new system in the criminal trial procedure in China.Under the background of anti-corruption pursuit recover stolen money or goods,criminal absentia trial system established,is beneficial to solve the problem of criminal responsibility after corrupt officials flight,also can further improve the judicial practice for criminal flight,the case protracted,is a great progress of criminal procedure in our country,the improvement of the criminal procedure system is of great significance.However,in judicial practice,there are still some problems in the application of absentia trial procedure,which are mainly manifested in three aspects: application procedure,rights protection and relief,and the function of pursuing fugitives abroad.In order to give full play to the legislative expected value of criminal absentia trial,this paper discusses how to further improve the absentia trial procedure of corrupt fugitives on the premise of accurately positioning the existing problems.This article has a total of more than 40,000 words and is divided into five parts:Part Ⅰ: Introduction.This part mainly elaborates on the research background,research significance,research methods and research review of the criminal trial system in absentia.This paper fully explains the profound theoretical and practical significance of the establishment and operation of the criminal trial system in absentia in the context of anti-corruption,and specifically elaborates on the overall research status of the default trial procedure.Part Ⅱ: Basic Issues in the System of Criminal Trials of Fugitives in Criminal Absentia.This section examines the fundamental issues related to criminal trials in absentia.On the one hand,the concept of criminal trial in absentia is analyzed in detail to better grasp the unique connotation of criminal trial procedure in absentia,and on this basis,it is further pointed out that the trial in absentia is essentially different from the trial in absentia of fugitive corrupt persons.On the other hand,the establishment of criminal trial procedures in absentia has its profound theoretical support,so on the basis of detailed analysis of relevant concepts,it is necessary to further analyze the feasibility basis and practical necessity of its existence.Part Ⅲ: An Empirical Analysis of Criminal Trial Procedures for Fugitive Corrupt Persons in Criminal Absentia.This part mainly uses the "first criminal trial in absentia",that is,the "Cheng Sanchang case",as an example,to carry out the analysis and research on the judicial application of criminal trial in absentia at the current stage,and on the basis of summarizing and comparing relevant data statistics,refers to the current situation of the extremely low judicial application rate of criminal absentia trial procedures in China at this stage,and further examines the reasons for the extremely low judicial application rate in a combination of theory and practice.Part Ⅳ: Dilemma in the Application of Criminal Absentia Trial Procedures for Fugitive Corrupt Persons.On the basis of the low application rate of criminal absentia trial procedures described above,it is further proposed through literature analysis and data analysis that the low application rate of criminal absentia trial is due to the multiple difficulties in the application of criminal trial in absentia at this stage in China,that is,the application of criminal trial in absentia,the protection and relief of defendants’ rights,and the function of overseas pursuit and escape are explained and targeted in-depth analysis.Part Ⅴ: Improving the Path for Criminal Trial Procedures for Fugitive Corrupt Persons in Criminal Absentia.Based on China’s national conditions,this part puts forward targeted and feasible improvement measures and suggestions on the basis of in-depth thinking on the existing multiple dilemmas,combined with the specific situation of judicial practice,so that criminal trial procedures in absentia can better play their role in the criminal procedure system.