Research On The Combination Between Criminal Default Trial Procedure And Special Confiscaion Procedure

The judicial decision in force is the premise and basis for recovering corrupt funds through international judicial assistance.Due to the absconding of corrupt elements,the cases of fleeing with money can not be tried in court,and thus no effective verdict can be obtained,resulting in little success in pursuing stolen goods in such cases.The establishment of a default trial system and a property confiscation procedure that is independent of the trial procedure against people are currently effective methods for getting rid of the embarrassment of pursuing stolen goods in cases where we fled abroad.China’s criminal default trial procedures have been "implicitly" recognized by special confiscation procedures,and their legal status and legal effectiveness were finally established at the legislative level when the Criminal Procedure Law was revised in 2018.According to Article 291 of the Criminal Procedure Law,the scope of applicable cases of criminal default trial procedures in China can be summarized into three types of cases,namely,specific types of cases: corruption and bribery,those that have been approved by the highest prosecution and need to be tried in time for serious crimes that endanger national security and terrorist activities;Cannot participate in court trial due to illness;if the criminal suspect or defendant dies,he may be sentenced to absentee trial in absentia.This amendment not only added a criminal trial procedure in absentia to facilitate the pursuit of stolen goods,but also retained a special confiscation procedure.Judging from the relevant norms of the current Criminal Procedure Law,the two procedures have overlapping issues in certain aspects.For example,the purpose of establishment involves timely and effective crackdown on major criminal cases to prevent improper loss of state-owned assets;both include Bribery crimes,terrorist crimes,and crimes against national security;the two procedures have their own characteristics in certain aspects,such as different certification standards,and different degrees of protection for the rights of the person being prosecuted and those who are interested.The establishment of the default trial procedure is necessary,which is conducive to the judicial organs to obtain international judicial assistance,as well as the defendant to exercise the right to choose procedures.The implementation of the default trial procedure is justified,and there are exceptions to the principle of litigation.The “object procedure” under the value balance can also reflect judicial justice.Therefore,it is necessary to analyze the criminal default trial procedure and the special confiscation procedure from the aspects of system nature,applicable principles,and procedural value,and then to achieve the unity of legitimacy,rationality,and reasonableness in the selection and arrangement of the two procedures.Therefore,starting from the current legislative model,this article proposes that there is a competitive relationship between the two procedures.Under the premise of such a relationship,the application of the procedure will inevitably cause conflicts.Then the second chapter focuses on the three aspects of value basis,establishment model and applicable order.Justify the internal relationship between the two procedures.Based on the justification of Chapter two,The content of Chapter three is the internal mechanism of resetting the two programs,it proposes perfect suggestions in terms of legislative norms,including: First,in the current legislative model where the two procedures are parallel and dual regulations,the protection of the rights of the two procedures is synchronized,Standardize the retrial procedure and improve supporting legal norms;second,in the long run,consider integrating the two procedures,reasonably absorb the special trial procedures for absentee proceedings,and add a civil confiscation procedure to form overseas pursuit and stolen property and property There is nothing less than systematic construction,while enriching the legal provisions of the trail system in absentia,and improving the connection with current criminal justice reform related measures.