Research On The System Of Our Criminal Trial By Default

As the outcome of the value balance between justice and efficiency, and between the punishment of crime and protection of human rights, the system of criminal trial by default is important to end the proceedings in time, determine the legal relationship of instability, and compensate the victims. The modern criminal procedure pursues not only the value of a single goal, but also a pluralistic system. The criminal procedure, which makes the value of protection of human rights and justice come true, increases emphasis on effectiveness and requires efficiency of the proceedings and punishment of crime increasingly prominent. In many countries, there is a special application of the system of criminal trial by default in criminal proceedings, while China's criminal procedure law is not able to meet the demand for an absent trial in the judicial practice, which hampers the efficiency of the proceedings. Whether or not to add the criminal trail by default in order to perfect the criminal justice system into the criminal procedure when it is amended is a problem that we must solve in our legal construction.Although, in certain extent, the criminal trail system by default do some harm to the accuser's right to participate the process, its positive role in criminal proceedings can not be blindly denied.On the basis of relevant legal theories, the system's flaws can be made up through appropriate procedure design and relief measures. In order to raise a great debate on the system of criminal trial by default, it is crucial to the "United Nations Convention against Corruption", but the function of our country's criminal trial by default is more than that; Our criminal trial by default will apply as a complement and exception to the seat trial in some special cases, and at the same time, like the trial system of the seats, the goal of the system of criminal trial by default is resoling dispute and maintaining normal social order.It is not the antithesis of the defendant, but a judicial system that just to do everything possible to protect the legal rights of the accused under the condition that there's no choice but the trial by default. Integrating the researches and views on this system from Scholars, under the reference of the foreign application of this system and the provisions on the rights of the accused relief, and combined the criminal characteristics and the present situation of judicature of our country, As the application of the criminal trial by default of our country, these cases should be applied, such as most of the defendant fails to appear, has little effect on its right part of private prosecution, the common criminal cases, juvenile delinquency cases and the case of corporate crime that mainly applicable to the property penalty. In view of the grim situation of our fight against corruption and crime, the criminal trial by default should also play a role in this work when the conditions are not yet mature. Meanwhile, because of lacking the presence of the accused, the reality of impartiality of the criminal trial by default still depends on defense, evidence, and other legal systems to match, which is also the problem that we should solve during the process to improve our system of criminal justice.