A Study On The Default Criminal Trial System

Default criminal trial system, which has been comfirmed by law in many countries and areas, has been a popular litigation system around the world However, in our country's three major procedure laws, both civil procedure law and administrative procedure law take default trial as an exceptional supplement for default trial, onlyCriminal procedure law does not accept the system which has been widely accepted and applied in many countries .The major factor is that our traditonal trial concept takes defandent in minority position, the incorrect set of the procedure will violate the rights of the defedant and the justice of the procedure.But, default defedant cases have been suspend in our current law. facing a diversity of legal society procedure trend, more and more default cases have been suspend ,which is not meet the need of the development of legal society, the requirement of saving jurisdiction resources and the improvement of procedure efficiency. In 31th,oct,2003.the 58th UN conference has passed the treaty of united nations convention of anti-corruption which allowed default trial in judicial practice.This paper insists the traditonal default trial and the justification of the procedure, thinks our country should construct default trial system which is an supplemnet and exception of traditional default trial. the system will end the procedure quicky, protect the defedant's rights , balance human relations in society , give an access to international justice assisstance and find a balance between the justice of the jurisdiction and the efficiency of procedure Considering the weakness of default trial, this paper give a strcit limitation to the condition of the criminal default procedure before developing this procedure ,This paper consists four parts, the first part is an brief introduction of criminal default trial which explain the concept, characteractic and the history of criminal default procedure.The second part is a comparison of criminal default trial. this part introduces the criminal default trial system of continental law such as Germany, France, and the criminal default trial system of British & US law such as US, British, japan and the Hong Kong and Macao area of our country. which have a successful experience of constructing our criminal default trial system. The third part is an analysis of the value of our criminal default trial system. the paper anaylze the value of the criminal default trial system from the conflict and the balance of the justice of the procedure, explain the necessity of constructin criminal default trial systemThe fourth part is an feasibility of constructing our criminal default trial system. The case of constructing our criminal default trial system contains the basic principal, range, the design of the procedure and safeguard of rights...