理论缺失与制度隐患:刑事缺席审判制度的法治化重构——兼论我国《刑事诉讼法修正案》的完善

Theoretical Deficiency and Hidden Trouble in System:Legalization Reconstruction of the System of Criminal Trial in Absentia along with the Improvement of Amendments to Criminal Procedure Law of the PRC

我国《刑事诉讼法修正案》增设了刑事缺席审判制度,有重大的现实意义,也具有其法理和实践正当性。但理论性共识尚未达成间接导致的制度设计隐患令我们不得不对其进行反思与审视:立足我国刑事缺席审判制度的立法背景与司法现状,应当正视其制度隐患,逐步以价值平衡为导向从适用范围、辩护问题、证明标准、程序设计、救济机制等方面探索其法治化重构,同时着意实现与国际刑事司法协助领域的法治化衔接。

A system of criminal trial in absentia is added into Amendments to Criminal Procedure Law of the PRC,which has realistic significance as well as its legal and practical justification. However, that the theoretical consensus has yet not been reached indirectly results in the hidden trouble in the system design,which calls forth further reflections and examinations. According to the legislative background and judicial status quo of China’s system of criminal trial in absentia, it is supposed to face its trouble squarely. The reconstruction of its legalization must be explored with the gradual orientation of value balance from the perspective of the range of application, the issue of defense, the standard of proof, the design of procedures,and the relief mechanism, concurrently seeking to achieve its connection with legalization in the field of international criminal justice assistance.