审判中心视角下刑事缺席审判制度救济程序的建构

Construction of the relief procedure of criminal trial by default system from the perspective of trial center

为完善与《联合国反腐败公约》规定相协调的我国反腐败刑事司法制度和境外追逃追赃机制,新《刑事诉讼法》在“特别程序”一编中增加了缺席审判程序。基于“以审判为中心”的改革背景,缺席审判作为例外的审判方式,克减了被告人出庭受审权、辩护权等诉讼权利,难以满足诉讼制度改革“庭审实质化”的核心要求。设置完备的救济程序是形式缺席审判制度的有益补充。鉴于此,应当以审判中心为考察视角,以国内外反腐形势和立法规定为分析样本,建构我国缺席审判制度救济程序。

In order to improve China’ s anti-corruption criminal justice system and overseas pursuit and recovery mechanism in line with the provisions of the United Nations Convention against Corruption,the new Criminal Procedure Law has added the procedure of trial by default in the “Special Procedures”.Based on the background of “trial-centered” reform,the trial by default as an exceptional method of trial has reduced the defendant’ s right to trial and defense and other rights to sue,and it is difficult to meet the core requirements of the litigation system reform of “substantial trial”.Setting up a complete relief procedure is a useful complement to the formal trial by default system.In view of this,the trial center is selected as the perspective of investigation,and the anti-corruption situation and legislative provisions at home and abroad are taken as the analysis samples to analyze to construct the relief procedure of criminal trial by default system in China.