我国刑事诉讼缺席审判制度之立法探究

An Exploration of Legislation for Trial by Default in Criminal Lawsuits in China

刑事诉讼程序所追求的价值目标之一就是诉讼公正。从我国的刑事诉讼立法和司法实践来看,对于缺席审判都是趋于否定的。这在一定程度上保证了诉讼的公正,但在提高诉讼效益、保护被害人权利方面存在着明显的缺陷。因此笔者建议,应借鉴国外的先进立法经验,同时结合我国的实际情况,从协调诉讼公正与诉讼效益、保护被害人的权利的角度来构建我国的刑事缺席审判制度。

One of the value aims of the criminal lawsuit process is the justice of the suit. Viewed from the legislation for criminal lawsuits and the judicial practices in China, a trial by default tends to be negated. This, to some extent, ensures the justice of suits; however, is has such shortcomings which are unfavorable to increasing lawsuit benefit and protecting the victim's right. Therefore, the author proposes that from the perspective of the coordination of the justice of lawsuits, lawsuit benefit and the protection of the victim's right, the system of criminal trial by default should be established based on the Chinese situation by using the advanced legislation experiences of foreign countries.