刑事被告缺席审判制度研究

Issues Concerning the System of Trial in Default of Criminal Defendants

刑事被告缺席审判作为当事人在场原则的一种例外,具有保障人权、惩罚贪污贿赂犯罪、提高诉讼效率等功能,符合刑事诉讼对多元价值目标的追求。文章认为,我国应借鉴国外立法与司法经验,结合国情,构建具有中国特色的刑事被告缺席审判制度。

As an exception to the rule that parties should be present during the trial, trial in default of criminal defendants guarantees human rights, punishes crimes of corruption and bribery, and improves litigation efficiency. Trial by default is in line with the pursuit of multi-valued target through criminal litigation. We should learn from their legislative and judicial experience in this respect and, with consideration of the actual situation in China, construct a default trial system with Chinese characteristics.