价值平衡下刑事缺席审判制度的适用

The Application of the System of Criminal Trial in Absentia under the Value Balance Theory

《刑事诉讼法修正草案》近日公布向社会公众征求意见。修正草案新增刑事缺席审判制度,将之作为我国刑事审判制度的重要补充。刑事缺席审判制度的确立是多元价值平衡后的理性选择,其合理性正当性表现在:被告人放弃出席法庭权利的情况下,缺席审判体现了对被告人诉讼主体地位的尊重;刑事缺席审判有助于节约诉讼成本,提高诉讼效率;有利于严厉打击腐败犯罪等重大犯罪。基于有效平衡程序公正与诉讼效率两大价值的需要,应当将刑事缺席审判制度有条件地适用于所有刑事案件;根据案件类型的不同调整适用条件;建立一套包括告知程序、审判程序以及救济程序在内的程序规范,以保障刑事缺席审判制度有效运转。

The draft amendment to Criminal Procedure Law has recently been released to the public for comments. The system of criminal trial in absentia is added into the draft amendment as an important supplement to China＇s criminal trial system. The establishment of the system of criminal trial in absentia is the rational choice after the balance of multiple values. Its reasonable legitimacy is manifested as follows. First,in the case that the defendant abandoning the rights of attending the court,trial in absentia reflects the respect for the defendant＇s main body status.Second,trial in absentia will help to save the cost of the litigation,and improve the efficiency of the litigation. Third,trial in absentia will help to combat corruption crimes,etc.. Based on the effective balance of two values,which are procedural justice and the efficiency of the litigation,the criminal trial in absentia should be applied to all criminal cases conditionally,the applicable conditions should be adjusted according to the different types of cases,and a set of procedural regulations,including notification procedures,trial procedures and relief procedures,should be established,in order to guarantee the effective operation of the criminal trial in absentia.