Pursuing Corrupt Fugitives: On China’s Trial-in-Absentia System

Peking University STL Law Review (Blog) 2021

Peking University School of Transnational Law Research Paper

36 Pages Posted: 16 Oct 2021

See all articles by Liang Chen

Liang Chen

Peking University, Peking University School of Transnational Law

Date Written: August 12, 2021

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.

Keywords: Trial-in-Absentia; Corrupt Fugitives; Anti-Corruption Campaign in China; Right to be Present

Suggested Citation

Chen, Liang, Pursuing Corrupt Fugitives: On China’s Trial-in-Absentia System (August 12, 2021). Peking University STL Law Review (Blog) 2021, Peking University School of Transnational Law Research Paper, Available at SSRN: https://ssrn.com/abstract=3919603

Liang Chen (Contact Author)

Peking University, Peking University School of Transnational Law ( email )

China

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