| The default trial derives from the civil litigation, which exists in the history from scratch and from arbitrariness to the normative, and which reflects the balance among the equity,justice and efficiency. But in the three big procedural laws in our country, "Civil Procedure Law" and "Administrative Appeal Law" both have the regulation about trial by default, only "Criminal Procedure Law" has avoided such one kind of the system adopting commonly for all the countries in the world. The lost of the default trial in the "Criminal Procedure Law" causes a series of trials which could be solved in a protracted state of unresolved, and serious impacts on the procedural values.So, this article has analyzed the basis of actual conditions and the drawbacks in our existing legal norms in the balance of procedural fairness and efficiency. And the article has proved the feasibility of the construction of the default trial and proposed the idea of the assumption.The article consists of seven parts.The first part is the introduction,which includes the background of issues, purpose and significance and methods that to be taken.The second part discusses the outline of the default trial, which contains the concept,the feature.The third part recommends the default trial in the main countries and regions in the world, which leads to the positive attitude and strict applications and remedy measures of the default trial.The forth part recommends the corrective actions about the special situations in our legislations and the abuses of the lost, so the construction of the default trial has its essentiality.The fifth part recommends the essentiality and the feasibility of the construction of the default trial in light of the reality.The sixth part is the assumption of the construction. The author thinks the construction should stipulate the objects, the situations, the court proceedings, the executive programs and the remedy procedure, such as the right of defense of the absent, the right of appeal,the right of dissent, the attention in the proceeding and so on.The seven part is the conclusion. This section objectively evaluates the meanings of the research and the research direction. |
