On The Perfection Of Trial System In Criminal Absence In China

As a new production of criminal trial system in our country,the system of criminal absentia trial can not only strengthen the punishment of anti-corruption crime in our country,but also perfect the criminal procedure in our country.As an important supplement to the model of ordinary trial procedure,the system has the significance of balancing the protection of human rights and punishment of crime,justice and efficiency.However,this system needs further study and improvement in theoretical basis and institutional structure.On the basis of adhering to the concept of "the traditional criminal trial is the main,the trial in absentia is the auxiliary ",this paper uses the literature research method to deeply discuss the legislative background of the criminal absentia trial in our country,so as to demonstrate the theoretical basis and practical value of establishing this system in our country.On the basis of conceptual analysis,this paper analyzes the semantic and connotation of different concepts of criminal trial in absentia,so as to reasonably define the concept of criminal trial in absentia system in accordance with the national conditions of our country.At the same time,we use comparative research method and logical analysis method to study and analyze the extraterritorial criminal absentia system and its operation mode,and then analyze the defects of the current system of absentia trial in our country,such as unreasonable scope of application,non-standard safeguard measures of defendant’s rights and abuse of dissent right of absent defendant.On the basis of an in-depth study on the procedure of confiscation of illegal income in China,this paper demonstrates the necessity of the independent existence of these two systems.