刑事缺席审判的适用案件范围研究

Study on the Scope of Application of Criminal Trial by Default

中国的刑事缺席审判制度建立初始,颇具争议,不过制度完善也还具有较大的空间。笔者认为,在已确定的适用范围上,可以对缺席审判的适用范围做一定程度的变通,以更好地适应实践的需要。对于适用范围的调整,可以从与违法所得没收程序的衔接、数罪中缺席审判的处理、部分未成年人犯罪的纳入和严重疾病缺席审判的限制四个方面作考量。

In China, at the beginning of the establishment of the system of criminal trial by default, this system causes quite a few controversies;however, it also shows the great improvement space of this system. In terms of its established scope of application, the author thinks, it should be given more flexible adjustments to some extent so as to adapt to the need of juridical practice better. The following are four proposed perspectives about the adjustments of this scope: the connection with the procedures of confiscating the illegal income, the treatment of criminal trial by default in some offenses, and the inclusion of some certain juvenile crimes as well as the limitations for trial by default due to severe diseases.