Study On The System Of Criminal Trial By Default In China

On October 26,2018,my country’s revised Criminal Procedure Law formally established the criminal default trial system.The establishment of this system meets the needs of my country’s current anti-corruption situation,helps deepen anti-corruption efforts to pursue the stolen goods abroad,and improve the efficiency of criminal cases.At the same time,it also reflects the diversified requirements of the value pursuit of the criminal procedure system in our country,which is conducive to the construction of a more scientific and characteristic criminal procedure system in our country.Since the criminal trial by default is to sacrifice part of the fair value of the criminal procedure in exchange for the timely decision of the case,the trial by default system is an exception to the trial form.The application of the system must ensure its legitimacy and effectiveness.Based on the above characteristics,the "Criminal Procedure Law" clearly stipulates the scope of cases,applicable conditions,trial forms,jurisdiction and trial organization,the protection of the litigation rights of defendants who have not appeared in court,and the relief procedures for trial in absentia.However,it should be noted that due to the short application time of this system in our country,insufficient experience in judicial practice,and the criminal procedure legislation that mostly stipulates the system in principle,it is inevitable that there will be some problems in application in judicial practice: difficulties,such as the lack of operability in the application of procedures,the failure to achieve legislative purposes,the inadequate service procedures and methods of service,and the incomplete procedures for the protection of the rights of the defendant and the relief of rights,and the connection between the trial in absentia and the confiscation of illegal proceeds.These problems have restricted the criminal The effectiveness of the application of the procedure of trial by default has made the function of the procedure of criminal trial by default have not been fully demonstrated.This article starts with the study of the basic problems of the criminal default trial system and follows the research logic of problem discovery and experience reference.Through the investigation of the criminal default trial practice in China and the analysis of existing problems,it focuses on the perfect countermeasures for the criminal default trial procedure in China.Countermeasures,such as the overall idea of perfecting our country’s criminal trial by default system,appropriately restricting the scope of application of criminal default procedures,enhancing the operability of procedure application by further strengthening legislative and judicial interpretations,and strengthening effective protection and relief mechanisms for the defendant’s rights to know,defend,and apply for retrial and other litigation rights In order to reduce the impact of the application of this procedure on the justice of litigation,and realize the organic coordination of the punishment of crimes and the protection of human rights in the application of this procedure.