Research How To Design Chinese Criminal Trial By Default In The View Of Comparative Method

Both sides on a trial is an important system principle in modern criminalprocedure. The modern western countries also construct it. With the development ofcrinimal procedure, the defendant sometimes defaults because of subjective andobjective factors. Which leads to contradictions between entity justice and procedurejustice, efficiency and justice. Therefore, criminal trial by default is established anddeveloped in the process of balance all kinds of benefits.Compared with the normal crinimal procedure, the purposes of criminal trialprocedure by default are not sanction and punishment, but pay attention to protect therights of parties. According to the law of criminal trail by default in different countries,the same point is the strict conditions, the differences are the reasons of default andthe nature of the cases applied to. The forteiture proceeding about the illegal gains inthe cases which suspect or defendant escape and hide, die is desiged in the newCriminal Procedure Law Amendment. Which makes great progress in the judicialpractice and legislation of our country. But this procedure is applied in narrower scope,does not involve in the legal evaluation of the defendant criminal behavior, solves thelimited practical problems. So in order to comply with the requirements of the timesand the development trend of the world, it is necessary to design the localcharacteristics of criminal trial procedure by default on the basis of forfeitureproceeding. The criminal trial by default is imported goods. Therefore, we should not onlyresearch the origin and development of this procrdure, but also search for the suitablebase. As a result of defect of our country in the criminal trail by default of legislation.A lot of procedure of criminal cases is suspended or terminated in the judicial practice.Which eventually lead to the state, collective and victim’s interest not be protected,damage the legal authority, affect the procedure works. In the view of this situation,some scholars have a very high voice on establishing the asset recovery. But theauthor thinks that there are various reasons of the difficult on recovery the nationalasset in the criminals escaping to foreign. So it needs a variety of ways to solve theproblem, or it will ignore the value of trial by default.The criminal trial by default in the world has a strong vitality, which attributed tothese countries have growth factors for it. In the process of transplant we also shouldtake these factors into account and combine Chinese traditional ideas and judicialactual demand. Clear criminal trial procedure by default in our country’s legal position,make strict rules for it. Fully protect the legitimate rights of the defendant, seek theright balance between justice and efficiency.