The Research Of Trial By Default In Criminal Lawsuit Of Our Country

With the "United Nations Convention against Corruption"came into effect in China, the criminal justice system is increasingly becoming the absence of the object of attention theorists. Based on the pursuit of justice, our country adopted in criminal proceedings the trial of seats, but the result of judicial practice shows that the absolute prohibition of trial in absentia has been a serious impediment to protecting the interests of victims and litigation efficiency, Moreover, many Western countries and the rule of law Region has established criminal proceedings in absentia. In China, three proceedings, except criminal proceedings does not establish criminal proceedings in absentia. Therefore, to solve the above problems and comply with the international trend, China should establish criminal proceedings in absentia.This from the text is divided into five parts: the first part of the criminal justice system the absence of an overview, discusses the criminal justice system the absence of gratitude and characteristics, and criminal justice system in the absence of clarifying concepts and historical evolution. The second part of the criminal justice system the absence of extra-territorial investigation. Mainly discusses the common law and civil law and the absence of Hong Kong, Macao criminal justice system areas, and analyzes the criminal justice system the absence of the similarities and differences to the criminal justice system the absence of a certain new understanding. The third part of the existing provisions and lack of disadvantages. Mainly discussed China's current laws are not criminal proceedings in absentia, and the four aspects missing from the evils. The fourth part of the selection and establishment of the criminal justice system the absence of the necessity and feasibility. Mainly from the aspects demonstrates the necessity and feasibility of criminal proceedings in absentia should be established. Part V in the absence of legislation establishing the judicial system concrete ideas. Mainly from the principles established in the absence of the trial, the scope and procedures for the case to the specific build of the criminal proceedings in absentia. Then from the supporting establishment and improvement of the system and set up relief programs to the absence of a common vision of the criminal justice system.