缺席审判程序对当事人权利保障的影响及对策

Impact of Trial in Absentia Proceedings on the Protection of the Rights of the Parties and Countermeasures

随着全球化进程的加快和国际交流与合作的加强,人员流动日益频繁,致使许多案件中的被追诉人潜逃境外无法正常到庭参加审判。在此情形下,传统的对席式审判方式无法有效、及时地保障当事人的合法权益,最终无法实现司法公正。基于此,研究缺席审判制度对当事人权益保障的影响及对策,对于完善我国司法制度和提高诉讼效率具有重要意义。本文阐述了缺席审判制度在诉讼进程中的重要性,并通过分析其对当事人权益的影响,指出现行缺席审判制度的存在的不足,如法律规定不够细致、当事人权益保障不足等方面的问题。为缓和这一制度缺陷,提出了完善法律规定、提高司法实践水平和保障当事人权益的对策建议,以期优化我国缺席审判制度,更好地维护当事人权益。

With the acceleration of the globalization process and the strengthening of international exchanges and cooperation, The increasing mobility of persons has resulted in many cases in which the persons sought have absconded from the country and are unable to appear in court for their trials. Under such circumstances, the traditional adversarial trial mode cannot effectively and timely safeguard the legitimate rights of the parties, not to mention the realization of justice. Therefore, it is of great significance to study the impact of the trial in absentia system on the protection of the rights and interests of the parties and the countermeasures to improve China’s judicial system and improve the efficiency of litigation. This paper describes the importance of the trial in absentia system in the litigation process, and by analyzing its impact on the rights and interests of the parties, it points out the deficiencies of the current trial in absentia system, such as the lack of detailed legal provisions, the rights and interests of the parties to the protection of the insufficient and other aspects of the problem. In order to alleviate this systemic defect, countermeasures and suggestions to improve the legal provisions, enhance the level of judicial practice and safeguard the rights and interests of the parties are put forward, with a view to optimizing China’s trial in absentia system and better safeguarding the rights and interests of the parties.