论刑事审判缺席制度的完善

On the Perfection of the Criminal Absence Trial System

我国现行的刑事诉讼缺席制度是顺应时代发展和中国国情的要求,既能促进司法机构在国际上有效地开展反腐败工作,又能有效地保护案件的证据,促进司法公正,进一步提高司法公信力。但是,我国的刑事缺席审判也有很多缺陷,比如,规定的数量太少,程序规范太低,很难将其应用到实际中。本文通过阐述设立刑事审判缺席制度的背景、意义以及我国立法现状和问题,同时借鉴和比较国外刑事审判缺席,从而提出了完善刑事审判缺席制度的建议,即:拓宽适用范围、规范适用程序、完善对被告人权利的保障三个方面,为我国刑事诉讼缺席制度的具体司法实践提供指导。

The current system of absenteeism in criminal proceedings in my country is in line with the development of the times and the requirements of China’s national conditions. It can not only promote the judiciary to effectively carry out anti-corruption work internationally, but also effectively protect the evidence of the case, promote judicial justice, and further improve judicial credibility. However, the criminal trial in absentia in our country also has many defects. For example, the number of regulations is too small and the procedure specification is too low, so it is difficult to apply it in practice. By expounding the background and significance of establishing the criminal trial absentee system, as well as the current situation and problems of our country’s legislation, and at the same time drawing on and comparing foreign criminal trial absenteeism, this paper puts forward suggestions for improving the criminal trial absenteeism system, namely: broadening the scope of application, standardizing the application procedure, improving the three aspects of the protection of the defendant’s rights provide guidance for the specific judicial practice of the system of absenteeism in criminal proceedings in our country.