确立与完善我国的刑事缺席审判制度

Considerations on Constructing and Perfecting the System of Trial by Default in the Criminal Procedure

近年来,我国发生了许多犯罪分子犯罪后携巨款潜逃国外的案件,但苦于法律没有规定缺席审判制度,人民法院无法作出有效判决,并依据《联合国反腐败公约》追回流失的资产。针对这种情况,我国应借鉴国外成功的立法经验确立缺席审判制度,以适应世界法治发展的潮流。

In resent years, more and more offenders go abroad with fabulous property after crime. However, because of not construeting the system of trial by default, people＇ s courts have no way to enter an effective judgment and capture the runny assets according to ＂United Nations Convention on Fighting Corruption＂ and have no way to deliver offenders. Aim at this situation, this article appeals to construct the system of trial by default through referencing the successful legislative experience or＂ foreign countries to go with the tide of world monocracy.