Study On The Perfection Of The Criminal Trial System In Absentia In China

Previously,the trial in absentia system has been widely used in civil litigation and administrative litigation in China.However,when advocating the introduction of the trial in absentia system into the field of criminal litigation,it has caused many controversies in the theoretical circle and the judicial practice circle,and most scholars hold opposing opinions.The reason is that criminal proceedings involve the life safety of the suspect.If the defendant can be tried in his absence,it will greatly infringe on the legitimate rights and interests of the defendant.However,in order to better crack down on criminals absconding overseas,most countries in the world have established the criminal trial system in absentia,and China should also keep in line with the world’s legislative trend.Therefore,legislators established the trial system in absentia when revising the Criminal Procedure Law again in 2018.The establishment of the system is a big improvement of legislation in our country,however,the establishment of the criminal absentia system also has some defects,the author through to our country new absent trial procedure in the criminal procedure law of the in-depth study,hope can improve our criminal absentia system,thus improve the applicable rate in this system in judicial practice.This paper consists of five parts:The first part: the summary of our country’s criminal trial by default system;The author mainly discusses China’s criminal trial in absentia system from two aspects.First,it elaborates the background of constructing the criminal trial in absentia system in China,and then analyzes the basic content of the criminal trial in absentia system in China.The second part: the practical analysis of our country’s criminal trial by default system;It has been more than two years since China introduced the criminal trial by default system in October 2018.In this part,the author mainly discusses the application of the system in judicial practice and the achievements achieved.The third part: China’s criminal trial by default system of reality and its causes of the analysis;There are still some defects in the criminal trial by default system established in China,such as unclear applicable conditions,imperfect legal guarantee mechanism,imperfect relief system,conflict with the confiscation procedure of illegal gains and difficulty in execution of the judgment,etc.Subsequently,the author also analyzes the reasons for these defects.The fourth part: the review and reference of the criminal default trial system in foreign countries;Through the study of criminal trial by default in foreign countries,such as France,Germany,the United States,Britain and so on,we can get enlightenment from it,so as to further improve the criminal trial by default in our country.The fifth part: the perfect path of our country’s criminal trial by default system;From the applicable condition of clear absentia,establish with criminal absence justice system related legal security system,perfect the defendant appeal mechanism,build the defendant dissent right system,according to the actual situation to choose the cases in absentia or confiscate procedures and improve the system of criminal absentia executable program and so on six aspects put forward the measures of perfecting our country’s criminal absentia system,So as to strengthen the application rate of the system.