刑事缺席审判程序对侦查的冲击与影响研究

Research on the Impact and Influence of Criminal Absentee Trial Procedure on Investigation

我国的缺席审判程序实质为缺席诉讼程序。从宏观上看,侦查中心主义被进一步强化,案卷中心主义出现极端化趋势,绝对化的案人分离侦查模式改变传统侦查方向。从微观上看,认定'犯罪嫌疑人、被告人在境外'成为侦查重点难点,破案与侦查终结条件固化,追逃工作从审前向审后过渡、'限期破案'成为可能,部分缺席审判案件对侦查绩效考核形成双面冲击。应注意缺席审判程序中侦查工作的'走过场'和'形式主义',警惕缺席审判程序演变为部分疑难积案、悬案的'泄洪口'。

The absentee trial in our country is essentially an absentee procedure.From a macro perspective,the investigation centralism has been further strengthened,and the case-volume centralism has become extreme.The absolute case-criminal separation investigation mode has changed the direction of traditional investigation.From a microscopic view,it is recognized that criminal suspects and defendants are outside has become a key difficulty in investigation,and the conditions for cracking the end of the case and investigation have been solidified.The chasing fugitives from pre-trial to post-trial has become possible,and limited time to solve the case has become possible.A double-sided impact on the performance appraisal of investigations.