On The Perfection Of Criminal Default Trial System In China

When the "Criminal Procedure Law" was revised two years ago,many new systems were added that were never established.Among them,the most eye-catching is the criminal default trial system.The Criminal Procedure Law introduced the criminal default trial system as an important content into the criminal field of our country.It is of practical significance,and its introduction is extremely important for anti-corruption and bribery and the pursuit of escape and stolen property overseas.Realizing the two values of justice and efficiency is the starting point of contemporary criminal litigation.Justice refers to ensuring that the defendant is treated reasonably and legally,and will not vary from person to person.The defendant is judged guilty or not guilty based on facts and reasons.To protect the defendant’s procedural rights,efficiency refers to the rapid and effective completion of the proceedings within the reasonable limits of the Criminal Procedure Law.The perpetrators of corruption cases have fled abroad,leaving the case pending,the crime is not punished,and the judicial resources are seriously wasted.Based on this situation,perfecting the criminal default trial procedure requires multiple measures from legislative judicial,and theoretical research.No matter how perfect a system is,if it is not put into practice,its superiority will not be brought into play,and many drawbacks will not be exposed directly.If the original intention of establishing the system is not supported,then it will not be able to It reflects the value of its own uniqueness,and constantly improves and develops the criminal default trial system in the test of practice.The theoretical research is not deep enough and the theoretical foundation is not consolidated.Naturally,it is not possible to use theory to guide practice.Therefore,this article will conduct theoretical research.Sort it out.In the article,the author pointed out the insufficiency of the trial procedure in absentia,and analyzed how to cause it,and proposed measures to improve the shortcomings based on this.For example,the scope of application of the system is too narrow.However,the Criminal Procedure Law does not include such cases in the scope of trials in absentia for effective trial and conclusion.This is very different from the regulations of many foreign countries,and is not in line with China’s current national conditions.Current status of legislation The author puts forward suggestions at the legislative level,and analyzes and draws on foreign operations to propose specific measures.In the criminal trial by default system,the regulations on the service procedure are too scribble,not complete and detailed,and no specific and detailed introduction is given.However,the Criminal Procedure Law only provides for the first type of cases,which is very simple and very simple.The wording of service is vaguely mentioned,but there are no specific regulations on how the service should be served to the parties,how the service should be used,and how the defendant should be operated when the defendant is refused.This makes the use of criminal absence During the trial procedure,the judicial organ did not refer to the detailed rules and did not know how to correctly use the criminal default trial procedure.Relevant concepts cannot be defined and are too general.The law gives too much power to the defendant’s close relatives,making it basically equal to the defendant’s rights relief.The original intention of this provision is good,but it ignores the defendant’s close relatives’ treatment of the defendant.There is the possibility of human evil,which is not conducive to protecting the rights of the defendant,and the relief of the rights of the defendant will become impossible to talk about.In response to these problems,the author,after analyzing the reasons for this phenomenon,proposes better measures to improve the criminal default trial system to make it play its due value.At the same time,if you want to better improve the system,it is indispensable to learn from the advantages of foreign advanced trials in absentia,and to deal with the problem of the relationship with the confiscation procedures of illegal income.The two systems draw on each other’s strengths and exert greater value.