我国刑事缺席审判制度探析

Analysis of the System of Default Judgment in China

2018年修订的《刑事诉讼法》正式确立了缺席审判制度,这项特殊程序的设立对于推动我国司法改革进程有着重要意义,其立法动因主要是为了响应新时代国家反腐斗争的号召,同时也致力于提高诉讼效益,更好地保障诉讼当事人的合法权益。文章在对该项制度全面阐释的同时,也对其中值得斟酌的地方,如完善缺席审判的被追诉人知情权、将轻微犯罪行为纳入缺席审判的适用范围、适当规范异议权的适用等问题进行理性思考。

The newly revised "Criminal Procedure Law" in 2018 formally established a system of trials in absentia. The establishment of this special procedure is of great significance in promoting the reform of the judicial system in China. The legislative motivation is mainly to respond to the struggle against corruption in the new era. It is also aimed at improving the efficiency of litigation and better safeguarding the legitimate rights and interests of litigants. In this paper,while comprehensively explaining the construction of the system,it also considers the local rational considerations,such as perfecting the right of the prosecuted in the absence of trial,including the application of minor crimes in the trial of absent trials,and the appropriate application of the right to dissent.