Research On Criminal Trial System In Absentia

In 2018,China’s criminal procedure law underwent its fourth amendment since it was promulgated in 1979.The amendment added the criminal trial procedure in absentia,or criminal trial in absentia,in the chapter of special procedures.Absent in our country’s criminal trial system in particular attention to the request of the judicial practice,pay attention to play a role in promoting the legislation lead and,is a typical pattern of legislation,the establishment in the new criminal procedural law is in the judicial practice in our country attaches great importance to the probity anti-corruption molecules,combat corruption and bribery,convenient international necessary to recover stolen money or goods pursuit,also suit,docking at the international criminal judicial trend change.But,due to the absent of criminal trial system is under the condition of the criminal accused person not to appear in court on the court and judge state of special trial,the tripartite structure of the traditional criminal procedure divergence and easy for the characteristics of the lack of criminal accused person lawful rights and interests protection,makes the new added in the criminal procedure law is absent trial procedure once released will cause the extensive concern of academic and judicial practitioners and discussed.Is no pure gold gold,although our country’s criminal absentia system is the legislature from the judicial practice,the test is conducted on the basis of all kinds of legal value of prudent system building,however,for the criminal absentia system applied in how to carry on the trade-offs between various criminal justice value and balance,need further thinking research and practice.Based on this,the author takes this as the object of research and thinking,and in this paper,through four parts,I intend to elaborate on the criminal default trial system of our country research,some of the thinking.As a new system design in the new criminal procedure law of our country,the trial procedure in absentia is an indispensable part in the process of rule of law in our country because of its unique value basis and basic characteristics.In the first chapter,the author gives a theoretical overview of China’s criminal default judgment system,mainly discusses the basic meaning,characteristics and value basis of criminal default judgment.As a new system arrangement and provision design in the criminal procedure law of our country,there is room for improvement in its comprehensiveness and operability.In this paper,the second chapter mainly from the approved notice and jurisdiction,trial and delivery,the essence of the court,the defendant the right to defend the maintenance,the design of the remedy mechanism is discussed in five aspects of the defects in the system of our country criminal absentia,thus to further improve our criminal absentia system,improve their comprehensive and operational provide some train of thought.Absentia trial is developing rapidly in China,but its specific application time is not long.It is necessary for us to study and learn from the legislation and practice of criminal absentia trial in other countries.The third chapter is the relevant provisions of the system of criminal default in foreign countries.This paper selects the method of comparative investigation of the criminal default system in typical countries of Anglo-American law system and continental law system,in the hope of enlightening the improvement of the system of criminal default in China.Look for problems not to find flaws,but to propose solutions to solve and avoid them.Through the above several parts of the correct understanding of absent criminal trial system in China,the reasonable assurance,in combination with judicial practice,the experience of other country and in the fourth chapter,the author from improving the jurisdiction of the approval and notification procedures,scientific design and delivery procedures,realizing the absence of the trial court as far as possible,strengthen the maintenance of the defendant to defend,improve the relief measures,establish video trial system,reduce the absence of trial procedure for six aspects for the perfection of the criminal absentia system in our country put forward concrete Suggestions.