Criminal Trial In Absentia System

The criminal activity trial by default system refers to the system in which one side of the parties does not attend the trial for some reasons on the trial day, and the court carries on the trial in this situation of one-party absence and makes the judgment. As an internationally applicable lawsuit system, it has been established in Criminal Procedure Law in many countries and areas . However this system has not been established in our country , because of some unfavorable traditional lawsuit ideas . In recent years , cases in which corrupt officials escape with the large amount of ill-gotten money occur frequently. And in our country's criminal judicial practices, many lawsuits could not be settled as a result of the situation in which the criminal activity trial by default system lacks. Many problems arise , such as the lose of judicial justice because the criminals are not punished , or the trample of judicial efficiency because many substantial problems have not been solved .So the construction of criminal activity trial by default system becomes a problem which our government and the judicial organ should solve urgently. Studying on this system has significance both in theory and practice.Necessities of establishing our country's criminal activity trial by default system lie in: firstly, grim reality of our country's counter-corruption and anti-terrorism demands us to set up the criminal activity trial by default system, because only when criminal activity trial by default system is consolidated , can our criminal procedural law link up with "United Nations Convention Against Corruption" and anti-terrorism convention which were signed by our country . Secondly, the special functions of criminal activity trial by default system in maintaining of judicial authority and restoring of destroyed social relations also demand our country to establish this system.Most countries and areas in the world have stipulated explicating the system. Knowing this , on one hand, it can provide theoretical evidence for the criminal activity trial by default system of existence and its universality, on the other hand , it will help us know the constitution of the system comprehensively. The local criminal activity trial by default system can be divided into two types: one is only suitable for slight crime ; the other is suitable for both slight crime and grave crime .