On The Criminal System Of Trial By Default

The criminal system of trial by default refers to the trial the court carries on when the accused person is absent. In the world ,many law developed countries and areas have all established the criminal system of trial by default, while in our country ,in the three main procedural laws (Civil Procedural Law, Administrative Procedural Law and Criminal Procedural Law),only Criminal Procedural Law has no stipulation about the trial by default. The flaw in the criminal lawsuit system causes lawsuit dragging and low efficiency under the situation that the accused person does not appear in court ,and affects the judicial authority and the judicial justice.The author surveys the criminal system of trial by default in some certain representative nations with the method of comparative analysis, linking up with our country reality, thus proposes the tentative plan that the system should be established in our country. The author elaborates in detail the shortcoming of the existing laws in our country when the suspects and the defendants are absent and proposes the value and realistic necessity of establishing the criminal system of trial by default in our country. The author points out the criminal system of trial by default may effectively balance judicial justice and judicial efficiency, balance rights and interests of the defendants and the victims, thus realises the needs of stopping struggle ,the procedure ruled by law, maintaining judicial authority and realising the goal of the Criminal Law. About the construction of the criminal system of trial by default in our country, the basic mentality is: the crimial system of trial by default is regarded as the exception of the lawsuit system,and designed the procedure according to the requests such as limited applicable scope, strict applicable condition, standard applicable procedure, the safeguard for objection relief and non-applying death penalty. The author clears the applicable scope of the criminal system of trial by default and stipulates the applicable condition and the operational procedure. In order to avoid the miscarriage of justice for maximus effect, the author proposes that supporting systems should be established, such as delivery system, safeguarding system for defending, objection relief system and so on. Throgh unceasing reforms ,our country's criminal prosecution system can be consummated gradually, and the procedural safeguard for social justice can be provided for maximum effect.