The Construction Of The System Of Criminal Trial By Default In China

The system of the criminal trial by default is the exception of the criminal trial. It has been provided by The Civil Procedure Law and The Administrative Procedure Law in China except The Criminal Procedure Law. The main reason of this is that the people's freedom and life will be limited or deprived in the criminal lawsuit. So we should use it cautiously in order to protect the litigant's rights. Along with the development of the theory and practice, the criminal trial by default is not prohibited absolutely. As people knows, the pursuit for lawsuit efficiency isn't in conflict with the justice. This system can protect the innocent defendant too. At present, most countries in the world have drawn up the criminal trial by default in their criminal law. United Nations Convention Against Corruption has come into force in China in December, 14, 2005. It makes us ponder on the system of criminal trial by default seriously again.The main body of this paper is allotted together for four parts:Part one is that the outline of the system of criminal trial by default. Firstly, we have described this system in all fields and got the conception and the characteristic of it. Secondly, through the study of our criminal laws and regulations, we know that there isn't the system of criminal trial by default in our country. It may cause many problems, Say, the criminal case can't be ended efficiently and the judicial authority will be destroyed further. Thirdly, the necessity and the feasibility of the construction of this system have been set forth.Part two is that the basis of the rationalization of the system of criminal trial by default. The description on this issue is from the following three aspects: philosophy basis, jurisprudence basis and sociology basis.Part three is that comparison of the system of criminal trial by default in foreign countries and other regions. In this section, we have studied the relevant regulation in other countries, and got the helpful experience that can be used for our reference.Part four is that the proposal on the construction of the system of criminal trial by default in China. The specific proceeding and corresponding remedial measures have been set forth in this section. We have put forward the efficient remedial measures regard to five different situation that may arosed in the trial by default.In one word, I struggle to study the system of criminal trial by default all round in this article, in order to design the appropriate system of criminal trial by default in our country. And push the course of legality ahead.