【摘要】 刑事缺席审判程序的体系化建构，具有三重维度。在“章”的层面，侧重于处理同章项下不同类型案件之间的关系，基于制度功能对缺席审判程序进行类型化分析的同时，考虑辩护权及上诉权的权利保障条款于该章部分的整体适用。在“编”的层面，侧重于处理同编项下不同类型程序之间的关系，审视缺席审判程序与违法所得没收程序之间的异同及竞合，依据案件的具体情形，判定两类程序的选择逻辑。在“法”的层面，侧重于处理“缺席审判程序”与刑事诉讼法之外有关规定的衔接，关注缺席审判程序与《监察法实施条例》之间的联结，注重缺席审判程序与引渡手段及劝返手段的协调适用。更多还原

【Abstract】 The three dimensions is the characteristic about systematic construction of criminal trial by default. At the level of “chapter”, it deals with the relationship about different kinds of cases at the same chapter is the focus, analyzing the type of criminal trial by default on the basis of the function of the system, at the same time, whether the safeguard clause about the right of defense and the right of appeal are applicable to the part of this chapter needs to be considered. At the level of “compiling”, it deals with the relationship about different kinds of orders at the same chapter, examining the similarities, differences and concurrence between the order of trial by default and the order of confiscation of illegal gains, selecting the logic for distinguishing two kinds of orders according to the specific situations we met in the case. At the level of “law”, the connection between “order of trial by default” and relevant laws outside the criminal procedure law is treated as focus, the connection between the order of trial by default and implementing regulation for the administrative supervision law need to be paid attention to, and focus on the application about the order of trial by default, the method of rendition and the method of advising to come back with coordinate.更多还原