The system of the trial by default has been provided by The Civil Procedure Law and The Administrative Procedure Law in China. It has played a significant role in juridical practice. The system of the trial by default is not provided by 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. But with the development of the criminal suit theory and practice , the value pursuit of Criminal Procedure Law should not be a single. It is a pluralistic value system, including the lawsuit justice and the lawsuit efficiency. As people knows , the pursuit for lawsuit efficiency isn't in conflict with the justice.Because The Criminal Procedure Law of China does not stipulate the system of the trial by default. In case of the criminal suspect or the accused is dead, incompetence , flee to escape punishment , under the current provisions of The Criminal Procedure Law , the criminal case should only be suspend or termination. It is wasteful of judicial resources, and impaired the lawsuit efficiency. It is not good for the fighting against crime and maintaining social stability. The author suggests that China should use for reference of the legislative experience abroad, harmonize the conflict of procedural justice,substantial justice and the effieieney of litigation, construct the system of criminal default trial according the practical circumstance of our country.From the perspective of the pursuit of lawsuit justice , the system of the trial by default is not perfect . But There is a reasonable theoretical basis and practical value of the system of the trial by default . So the system of the trial by default should have its place in the Criminal Procedure Laws of every country .
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