CrimProf Blog

Editor: Kevin Cole
Univ. of San Diego School of Law

Wednesday, October 27, 2021

Chen on China's Trial-in-Absentia System

Liang Chen (Peking University, Peking University School of Transnational Law) has posted Pursuing Corrupt Fugitives: On China’s Trial-in-Absentia System (Peking University STL Law Review (Blog) 2021) on SSRN. Here is the abstract:
 
Along with the nationwide anti-corruption campaign in China, the Chinese government created a novel trial-in-absentia system to deal with corrupt fugitives. This article reviews the policy background of the system’s birth and how the system works in theory. Then, by reviewing prior approaches to deal with corrupt fugitives, this article argues that the trial-in-absentia system can solve intrinsic defects of prior approaches and can bring more benefits to the Chinese government. Finally, by comparing the Chinese trial-in-absentia system with international human rights law on the defendant’s right to be present at trial, this article argues that the Chinese trial-in-absentia system against corrupt fugitives complies with international human rights law in theory.

https://lawprofessors.typepad.com/crimprof_blog/2021/10/chen-on-chinas-trial-in-absentia-system.html

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