Research On The Criminal Trial By Default

The criminal trial by default is the judicial activities that in the proceeding the accused person is absent and the prosecution and the counsel is appeared. Although it is the formation of a shape in the ancient Rome, it is accepted by more and more states as a common international legal system coupled with the criminal suspects, defendants can not come to the court for various reasons in the proceeding day and the need of anti-corruption work. Many counties make different provisions according to their own actual conditions. Throughout our three civil courts, the civil procedure and administrative litigation defined the absentia system, but it is a blank in the criminal proceedings. It is an important factor for the absence of our criminal justice system missing that the traditional concepts influence. With the continuous development of our economy, deepening reform and opening up, the criminal trial by default has become the an important topic because the corruption has gradually become an important currently facing issue and the urgent need of effective judgments to recovery the huge transfer of property and change the phenomenon of delaying in the proceedings scheduled hearing and judicial resources wasted because that the accused died, running away, loss of legal capacity and other reasons. So studying the criminal trial by default has great value to improve the proceedings of our country in this case.The meaning of the criminal trial by default has the broad and narrow sense and our country should adopt the narrow concept according to the relevant provisions of our legislation and the reality of our country. Why the criminal trail by default is accepted as a cause of action, the first reason is that it has the own value. The value of the criminal trial by default is mainly reflected in three kinds of conflicts and balance:First is the conflict and balance of the controlling crime and protecting the human rights; Second is the protecting the interests of the victims between the protection of the victims and the defendants; Third is that reflect on the pursuit of the efficiency in the conflict between the justice and the litigation proceedings. Many countries have made the clear provisions in the code of Criminal Procedure. We can understand the system and build a more rational system and it can make the existence of the criminal trail by default more convincing by examining the foreign advanced criminal legislation.Although our current Criminal Procedural Law formulates many relevant provisions for the criminal suspects and defendants death,escaping,lossing the legal capacity, these provisions often igore to protect the legal rights of the victims and these provisions lack the maneuverability because these are not clear on the involved property. Summed up the reasons of missing the criminal trial by default have the following:first, the confusion of the "penalty" and "criminal responsibility" meanning; second, the over-emphasis on the confessions; third, the error of the presence right of the defendants.It is need to building the criminal trail by default system because the need to punish and prevent corruption and crime, recovery of the state assets, international cooperation and the need to protect the rights of the parties, end the dispute and maintain the social stability and educate the citizens to abide by the law,actively fight with criminals. Meanwhile it provides the establishment that our current law, the legal system, a good international environment and the people's strong demand for justice.There is a certain distance in protecting the legitimate rights and interests of the defendants relative to the system of the parties participating in the court, so we should make more strictly rules on the objects, conditions and exclusions when we build the criminal trial by default system. It makes different provisions for the different features of the different stages—the prepare for pre-trial stage and trial stage and the implementation of the verdict. Everything has the flaw even if it is very perfect, so it needs to give the defendant right to appeal and the relief measures to prevent the legal right of the defendant and make the criminal trial by default system more perfecter.