Research On Criminal Trial In Absentia Of Emigrant

Since the 18th national congress of the communist party of China(CPC),the CPC central committee with General Secretary Xi Jinping at its core has faced up to the grim situation in the fight against corruption.With a strong sense of political responsibility,the CPC central committee has made a solemn oath that corruption will be dealt with and corruption will be eliminated.Since the launch of the "sky net" campaign in 2015,China has brought back a large number of suspects who fled their posts,achieving good political,diplomatic,anti-corruption and social effects.In full affirmation achievement at the same time,we are acutely aware that anti-corruption international pursuit recover stolen money or goods already in the deepwater area","zero tolerance" against corruption,has yet to reach the goal of corruption struggle is still severe,the international pursuit recover stolen money or goods is the institutional defect of the work,the new situation of pursuit recover stolen money or goods work standardization and legalization,specialization put forward higher requirements.Under such circumstances,it is of great significance to carry out law enforcement cooperation with foreign countries by applying legal approaches generally accepted by all countries in the world to promote the in-depth development of the international anti-corruption work.In 2018,the criminal procedure law was amended to introduce trial procedures in absentia into China’s criminal procedure law for the first time.Legislative intent and legislative background of the program mainly for corruption and bribery crime of the criminal suspect and defendant in case of an overseas and set up in 2012,"a criminal suspect or defendant escaping,death cases of the illegal income confiscated program",formed in the course of China’s criminal procedure "for people" and "for" the complete rule pattern of absentia.From the global perspective,many countries have clear legislative provisions on trial in absentia,but the game around human rights and justice runs through the judicial application of trial in absentia.The focus of the dispute mainly focuses on how to guarantee the fair trial and judicial justice of the trial object in absentia,as well as operational issues such as informing the trial object in absentia.Fairness and efficiency as the two basic value pursuit of criminal procedure,the theoretical and practical circles in our country judicial conflict around the value of fairness and efficiency is more controversial,the establishment of the system of criminal absentia for flight personnel is the rational choice after multiple value balance,licensor shall in absentia the defendant,the right to defend and relief rights guarantee of litigation rights to achieve its legitimacy.From the perspective of international pursuit of fugitives and recovery of assets against corruption,this paper discusses the relevant issues of absentia trial of fugitives.The text is divided into four parts:The first part is the presentation of the problem.Through to our country anti-corruption international pursuit recover stolen money or goods introduction and analysis of real cases in judicial practice,see,in the process of China’s international judicial cooperation around the "judicial justice" and "evidence of force"the two focus problems encountered many obstacles and questions,to understand our country and foreign conflict and collision in the judicial cooperation,and to establish for flight personnel to establish a set of reasonable,perfect and feasible absentia system are urgently needed.On this basis,it is suggested that the important role of absentia trial of fugitives in promoting the high-quality development of international asset recovery work should be emphasized,which is conducive to solving the current international asset recovery dilemma and providing legal support for the existing means of international asset recovery.The second part is an overview of the current situation of our criminal trial legislation in absentia.Through the brief review and carding of the development history of the international fugitive and asset recovery in anti-corruption in China,it is explained that the absentia trial of the fugitive is an inevitable requirement that the international fugitive and asset recovery in anti-corruption has entered the "deep water zone",and it is also an attempt and a breakthrough of the concept of criminal legislation in China.This paper expounds the three types of cases that are mainly applicable in the default trial procedure law newly added in the third amendment of criminal procedure law,and focuses on the understanding of the applicable conditions of the default trial of corruption and bribery cases.Then,absence of criminal trial on the pluralistic value conflicts existing analysis,pointed out that to find ways to make multiple value coexist and difficult,so the need for multiple value conflicts existed in the balance,before throughout the world,the lawmakers in the rules of a set of specific criminal absentia,tend to be in the balance of various values in the process of the sacrifice),makes every effort in criminal lawsuit benefit maximization goal driven to make the most rational choice.Similarly,China’s criminal trial in absentia also aims to achieve its rationality by strengthening the protection of rights and balancing the conflict of values.The third part is to discuss the problems faced by the practice of absentia trial of the fugitives and put forward some Suggestions.Absentia to achieve its legislative ideas,only in the domestic absentia for flight personnel is not enough,more is through the international judicial cooperation way,finally realizes the pursuit of home will be the criterions for the conviction of criminal purpose,and can the international community to our country criminal absentia recognise judgment and execution,there exist many problems in practice,such as how to send the documents,investigation and evidence prove standard question,as well as the illegal income confiscated relationship problems such as how to program.The fourth part is to perfect the flight personnel absentia trial rationalization proposals.Firstly,from a global perspective,this paper makes a comparative analysis of the legislation and judicial practice of absence trial,and explores the attitudes and controversial points of various countries towards absence trial It is hoped that the experience of other countries’ legislation and judicial practice can be used for reference,so as to be beneficial to the application of absence trial in China’s judicial practice.Second,from the legislative background,the applicable scope,applicable conditions and other aspects of criminal absence to compare the process of trial and unlawful income confiscated process suggested address outside the criminal suspect or defendant failed to identify,need to be recovered or confiscation of property,in the absence of the overseas,criminal trial involved to a halt three cases can give priority to apply illegal incomes confiscated.Again,analysis of the legislation and the trend of rules on the documents delivery,emphasizes the safeguard absent criminal trial,the licensor of the defendant,and explore the defendant served to abscond abroad a variety of channels,and if it can be applied under the condition of the announcement arrived,but in order to meet the requirements of "due process",need to try to use other legal action to supplement,in order to achieve the standards actually know.Finally,combined with the Canadian question on our evidence in "The case of Cheng muyang ",it points out that in the pre-trial stage of public prosecution,the investigation,investigation and collection of evidence should be paid attention to get rid of the dependence on oral confession,especially the timely and comprehensive collection of indirect evidence.The investigation and collection of evidence should be combined with the international criminal judicial assistance act,conform to international criminal justice standards,and the case should meet the standard of"zero confession".To sum up,the author points out that the positive effect of absentia trial on solving the dilemma should be paid more attention to by starting from the real cases in judicial practice.Explore the theory of value conflicts existing in Chinese criminal absentia system and its real value basis,on the basis of this,discusses the necessity and rationality of absent in China’s criminal trial in flight personnel absentia judicial application,in the hope of realizing a complete coverage of international anti-corruption pursuit recover stolen money or goods,to make every decision can not only carry the majesty of the law but also the glory of the human nature.