On The Construction Of Trail By Default In Criminal Lawsuit Of Our Country

In the three kind of procedural law, our country's system of trial by default is missing in the Legislative level, which is mainly based on the Direct language of expression principle, perfecting of the prosecution and the defense confrontation, avoiding arbitrary prosecution to protect the legitimate rights and interests of the defendants. But large number of defendants is absent in criminal trial calls for the construction of system of trial by default, in particular after the approval of China's accession to the "United Nations Convention against Corruption" ,the cross-border crime combating corruption's practice needs make the construction of the criminal sentence in absence system more urgent.In this paper, the author firstly take a multidimensional analysis to the theoretical basis of the criminal sentence in system of trial by default, with break the plight of its theory, and pave the way for the construction of its system. Fair and efficient of legal proceeding is a contradictory body which opposing and unified in the value of criminal suit; punishment of crime and indemnification of human rights is an integral two aspects of the purpose to criminal suit; at the full attention of the rights of the suspect and the defendant ,the law shouldn't the right of victims. The construction of the system of trial by default will undoubtedly have important value on raise the efficiency of the proceedings, the crime conformity and strike, and even the protection of the rights of victims, At the same time, abide by the proceedings on the basis of just the bottom line, through the design of the system to avoid the infringement of defendant's human rights and interests.The system of trial by default has become a universal application of the modern criminal suit, Western legal states all set criminal sentence in system of trial by default in their codex with detailed and robust, at the same time, The system of trial by default is recognized by a series of international convention. To inspect The system of trial by default in main foreign countries in all domains, one side is to provide theoretical support for the existence and universality in the system trial by default; on the other side, can help us fully understand the system of the trial by default's proceedings concepts and principles of operation. This article according to The system of trial by default's application,procedure constitution and relieve system, set France, the United States, Germany, Japan as a platform, for compare and inspect foreign country's system of trial by default, with expect of benefit for the construction of our country's system of trial by default.At the basis of the analysis to theoretical basis and system, the author is trying to build a complete system of trial by default, which is the core content of this article. Firstly, the author carried on the realistic analysis of system of trial by default ,expounded the necessity of its reality, and nail down the operation principle of that system. Finally focus on the system of trial by default's concrete construction,application and the design of specific procedures. At the same time, establish the judicial system related to the relief mechanism, so as to institutionalized,systematic and standardized the system of trial by default.