The Comparing Research Of Criminal Activity Trial By Default System

《Universal Declaration of Human Rights》Article 10 stipulates: "Everyone is entitled in full equality by an independent and impartial court to determine his rights and obligations and any criminal charge." However, in practice of the trial, the defendants tried in absent by active or passive from time to time. In order to balance just and efficiency, balance punishment of crime and protection of human rights, after weighing the pros and cons of the value, modern countries ruled by law, in their criminal procedure law, make special provisions about the criminal activity trial by default system.The principle of participation in procedures is a basic principle of the criminal procedure, it means that, persons or their representatives the procedures involved, have the right to participate in the proceedings, have the right to know and to express their views about their issues. Although in the criminal activity trial by default, the defendants can not be directly involved in the lawsuit, but they can participate through indirectly participation and by giving the opportunities for participation .In addition, the criminal activity trial by default system plays a great role in ending the action rapidly and lower litigation costs, speed up the operation of the lawsuit, to reduce the backlog of cases, to improve efficiency, and it is in line with the principle of efficiency. In addition, in many countries follow the principle of action, appear in court is the right of the defendants, absent from the court is only to give up their rights, the court can tried in default.In most countries establish the criminal activity trial by default system, the law generally provides only for minor criminal cases, only few countries that can apply to misdemeanor and felony. In addition, as in criminal proceedings, the defendant's life, liberty, property and other important interests may be deprived and restricted, all countries adopt legislation to strictly limit the application of the situation, in general, including the defendant fled after the crime, the defendant in violation of court order, the defendant caused no ability intentionally or by negligence, the defendant fail to appear in the court for common-crime, the defendant caused the witnesses depressed, the court allowed the defendant to absent and so on. In order to reduce the damage to the fair value, legislators provide a series of tight, targeted remedial measures. Such as protecting the defendant's right to defend, protecting the defendant's statements, limiting the scope of depriving the defendant' s right to presence in court, protecting the defendant's right to know, setting up a sophisticated delivery system, protecting the defendant's right to dissent, and so on.At present, china has not set the system. But in all stages of criminal proceedings, that is, investigation, prosecution, trial, are likely to be encountered the situations that the accused was absent, and in judicial practice, it resulted many problems. So I believe that it is necessary to build our trial default system of criminal to solve the problems, such as fighting against serious crimes, lifting the efficiency of the proceedings, protecting the rights and interests of the particular subject, dealing with money, and in line with the International convention, and so on.With the concrete construction of trial default, we must based on the current litigation as well as the concept of the judicial system, on the basis of seeking the necessity and possibility of the system, and balance punishment of crime and protection of human rights, balance the rights of the defendants and the rights of the victims, and balance interests of justice and judicial efficiency. In the specific choice of path, we should be used strictly systematic manner, strictly limit the scope, clear provide the criminal trial starts and the norms of the criminal trial proceedings, develop the relief program.