刑事缺席审判制度在中国的建构

Constructing the System of Default Trial in Chinese Criminal Procedure

刑事缺席审判的方式,有其存在的现实合理性和价值基础,应当合理权衡公正与效率的价值需求,充分考虑缺席审判的程序正当性。在我们的刑事诉讼中,如果能够合理设计缺席审判制度并有效规范它的运作,将会解决当前刑事诉讼中存在的某些相关问题。在我国确立缺席审判制度,必须明确缺席审判的适用范围,在合理控制缺席审判的发生条件的基础上,充分考虑制度设置的合理性,使缺席审判的运作合乎程序正当性的要求。

Default trial exists reasonably with its realistic rationality and value basis, so the value requirements of justice and efficiency should be reasonably balanced and its procedural legality should be fully considered. In our criminal procedure, if its system can be reasonably designed and its operation can be effectively regulated, some relevant problems in current criminal procedure can be solved successfully. In order to construct a default trial system in our country, it is necessary to regulate its applying scope, to fully consider the rationality of its establishment on the basis of reasonably controlling the conditions for its occurrence so as to enable it to tally with the requirements from due process principle.