%0 Journal Article
%T 当下我国缺席审判制度存在的困境与对策
Current Dilemma and Countermeasures in China’s Trial in Absentia System
%A 李文生
%J Dispute Settlement
%P 1-7
%@ 2379-3104
%D 2025
%I Hans Publishing
%R 10.12677/ds.2025.114120
%X 当下我国缺席审判制度面临困境，由于缺席审判是在被告人缺席的情况下，法庭依赖书面证据和证人证言来裁判，但若关键证据(如口供)无法通过交叉询问核实，可能影响事实认定的准确性，所以引渡被告人回国是必要之举。而中国与部分国家未签订双边引渡条约，导致追逃追赃依赖外交途径，效率较低。且缺席审判的判决需通过国际机制请求他国承认与执行，但部分国家可能拒绝协助。所以推动与更多国家签订引渡条约和刑事司法协助协定，就成为了首要之义。
Currently, China’s system of absentia trials is facing challenges. In absentia trials, where the defendant is not present, the court relies on written evidence and witness testimonies to make a judgment. However, if key evidence, such as confessions, cannot be verified through cross-examination, it may affect the accuracy of the factual findings. Therefore, extraditing the defendant back to China is necessary. However, since China has not signed bilateral extradition treaties with some countries, the pursuit of fugitives and recovery of assets relies on diplomatic channels, which are less efficient. Additionally, the judgments from absentia trials must be recognized and enforced through international mechanisms, but some countries may refuse to assist. Therefore, promoting the signing of extradition treaties and criminal justice assistance agreements with more countries has become a top priority.
%K 缺席审判，
%K 双边引渡条约
Trial in Absentia
%K Bilateral Extradition Treaty
%U http://www.hanspub.org/journal/PaperInformation.aspx?PaperID=110315