刑事缺席审判制度研究

Study on Criminal Default Trial System

在诉讼效率日益凸显的现代刑事诉讼制度中,迫切需要解决由于犯罪嫌疑人、被告人逃逸而给刑事诉讼顺利进行带来的难题,为此世界许多国家建立了缺席审判制度。我国随着经济的发展和对外交往的增多,犯罪嫌疑人、被告人逃避侦查、审判的现象日益突出,特别是贪官外逃事件愈演愈烈,引起了全社会的广泛关注。为了及时有效打击犯罪,解决涉案财产和有关赔偿问题,防止犯罪嫌疑人、被告人逃避诉讼,避免因中止诉讼而导致的诉讼拖延等问题,我国有必要借鉴国外的有益做法,建立符合国情的刑事缺席审判制度。

In modern criminal litigation systems featuring a pursuit of high efficiency, default trial systems have widely been established globally to tackle the tough problems occurred in the criminal trial proceedings caused by the escape of the suspects and defendants. China is also witnessing an increasing occurrence of the escape of the suspects and the defendants aiming at avoiding investigation and trials, along with its development of the economy and foreign exchanges. The serious phenomena of the escape of the corrupted officials have aroused common concern of the society. To promptly combat crimes, settle the compensation problems relating to the property involved, prevent the suspects and defendants from evading litigation by escape, and avoid delay caused by suspension of the proceedings, it is necessary for China to establish its own criminal default trial system suitable to its specific situation with reference to helpful foreign experience.