The Construction Of Trial By Default In Criminal Lawsuit Of Our Country

The system of trial by default is an important legal system. Under the premise of guaranteeing fair procedure, its establishment and development manifest pursues of modern lawsuit in efficiency. In fact, perfect trial by default is not different from the common trial essentially, for both are procedural operation and arrangement. The important function of trial lies in the solution dispute, makes the society maintain stably. Because our criminal lawsuit is lack of relevant regulations to the trial by default, so the lawsuit made for the cause of criminal suspects' and defendants' death, escape, loss of ability to litigation, and so on is in the state of termination. During the procedure of lawsuit, dealing with the illegal money and goods, satisfying victims' compensation requests and handling defendants' property are all unable to realize. This is not conducive to fight against crime effectively, or to protect the legitimate rights and interests of the parties in time. Under the circumstance of Criminal Procedure reforms all over the world to adapt to the needs of social development and the efficiency of the proceedings, our country should also take reforms to improve the efficiency of proceedings. Practice has proven that the system of the criminal trial by default is an important, viable legal system. It has its presence in space and the legal community. The imposition of the system of the criminal trial by default can effectively improve the work efficiency, accurate and timely protect the legitimate rights and interests of the parties, and maintain of law and the seriousness of maintaining social stability. Therefore, on the basis of adopting the advanced legislation experience from abroad and thinking over the shortcomings of our current system, the thesis provides some preliminary ideas about the construction of criminal trial by default according to our judicial experience and concrete condition of our country. However, the criminal trial by default system also has flaw that it overcomes with difficulty, under the premise of guaranteeing the efficiency of lawsuit, it will damage justice unavoidably. Regarding this, this article also had pointed some proposed relief measures to guarantee the criminal trial by default system function the full display, and to realize Law of Criminal Procedure penalty crime and the safeguard human rights lawsuit goal.