Research On Criminal Default Trial Procedure In My Country

It has been more than two years since the establishment of criminal absence trial procedure in China.During this period,most scholars focus on the value of the procedure,the analysis of comparative law,and the relationship with other procedures,while few scholars focus on the practice of criminal absence trial procedure in China.The author believes that when the criminal trial procedure in absentia has been established and implemented,more attention should be paid to the practice of the criminal trial procedure in China,to find the shortcomings in practice and put forward solutions,and to promote the better application of the procedure is a relatively important thing at present.At first,this paper expounds the basic theory of criminal absent trial procedure,discusses the basic connotation of absent in China’s criminal trial procedure and rights,including the nature of the right of the defendant present view lists and analyses,this paper briefly describes the absent of criminal trial procedure in the criminal suspect or defendant’s should get three rights are right,the right to defend and relief rights.Secondly,from the scope of application,the protection of the right to know and the protection of the right to defense three aspects,respectively investigated Germany,France as the representative of the civil law countries and Britain,the United States as the representative of the common law countries when the criminal default trial procedure is applicable to the specific provisions.Absent then objectively elaborated our country criminal trial procedure of the legislative evolution,combed the absent in China’s criminal trial procedure set up in front of the laws and regulations related to the absent trial verdict,absence,such as the public prosecutor is absent,the illegal income confiscated program,at the same time from the scope of application,starting condition and three aspects to sort out the protection of the rights absent in the current law about criminal trial procedure.Thirdly,through the "China Judgements Online","Wu Song Judgements Network" and other websites to search cases,to analyze and think about the status quo of the practice of criminal trial in absentia in China.It is found that the main application type of this procedure is "the defendant suffers from serious illness",while there is no practice for the application of this procedure in the cases of "the suspect and the defendant are abroad" and "the death of the defendant".Combination of literature and the retrieved 30 content of judgment,the author on the problems existing in the practice of these three cases are analyzed,and thinks that there are "outside" in the practice of the criminal suspect or defendant on the confirmation of the lack of effective ways and judicial documents served,to miss the start of the trial conditions have different understanding,serious illness expression is not clear,the scope of the written judgment is not standard,the number of trial live less and not realizing a complete coverage of a lawyer,appointed defense lawyers problem such as quality cannot be measured.Finally,this paper puts forward the concrete improvement in view of the problems existing in practice,one is to introduce relevant judicial interpretation.At the legal level,the conditions for initiating procedures,the scope of serious diseases and the basis for defining them should be clarified.Second,we will promote the use of new platforms and technologies.Make full use of the new platform of live court trial network,and actively explore the use of voice print identification technology and electronic fence technology.Third,we will improve the service system.Expand the scope of objects of service,and promote the diversification of service methods by adopting electronic service and public notice service.Fourth,we will improve the legal aid system.We will increase the investment in legal aid,expand the scope of legal aid and establish a quality assessment system for designated defense.