Research On The Criminal Procedure Of Trial By Default In My Country

Many countries in the world,such as the United States,Britain,France,Germany and so on have established criminal trial procedures in absentia,and through long-term development,but also constantly improved.In the amendment of the Criminal Procedure Law adopted on October 26,2018,China has also formally established the procedure,which is in line with the trend.Strict application of criminal trial procedure in absentia is not only an important link to balance litigation justice with litigation efficiency,punishing crime and safeguarding human rights,but also a key step to safeguard judicial authority and social stability.Although the original intention of the establishment of the criminal trial procedure is worthy of our affirmation,it is not possible to protect the defendant’s litigation rights in a limited manner,so that the realistic feasibility of the procedure is not considered enough.For example,in terms of scope of application,the prescribed types of cases are too low,the definition of the type of crime is unclear,and the conditions for the application of certain types of cases are too stringent;the relevant procedural provisions in relation to the protection of rights are not specific;they are too cumbersome in terms Therefore,as a procedure to solve the criminal responsibility of the defendant who has not appeared in court for trial,the criminal trial in absentia has the defects of "natural",and should reflect on the procedure problem through concrete practice in the light of the application of criminal trial in absentia,and improve the existing problems,especially in the aspects of scope of application,litigation procedure and relief procedure,to improve its maneuverability.This can not only correct some theoretical deviation in the process of application,but also arouse the attention of the above problems in the judicial practice in the future,so as to avoid the great controversy in theory and the drawbacks of the judicial practice.