On The System Of Justice In The Criminal Proceedings

At present in our country criminal case has not established the criminalactivity trial by default system, but the crime suspect always by any meanspossible evaded the criminal activity to investigate, causesing our country criminalprosecution to have many problems: On the one hand it not only causes thelawsuit efficiency to be low, moreover is disadvantageous to protect the victim'sbenefit and damages the legal authority. It is unable to realize the penalty's generalprevention, could not achieve the solution dispute, which settles a quarrel andmake peace with the parties involved, maintains social stable goal, On the otherhand,it is bad to attack the transnational crime and the serious international crimeand beyond the border the punishment flees the economic crimes members.Establisheing the trial by default significance in the criminal prosecutionreally is significant, it is necessary to condua the comprehensive research on it.The goal together which in line with which discussed the manner and offers a fewordinary introductory remarks so that others may offer their valuable ideas, theauthor to the criminal activity trial by default system has carried on the preliminaryexploration, hoping to cause criminal activity trial by default more values and thebetter theory skeleton.This article altogether divides into five parts.The first part mainly is to the criminal activity trial by default concept and thecorrelation introduction, indicating the criminal activity trial by default mainly ison the fingering courtyard date of trying, one part does not appear in court also notfor the statement, in the debate situation,, the court in verifies the fact in thefoundation legally to make the decision.The second part mainly is carring on the introduction to the overseas criminalprosecution trial by default related situation. First to country and so on theGermany, law, England,Third part of main analysis trial by default rationality. First points out the trialby default the rationality. Next points out our country the lawsuit pattern is carrieson the criminal activity trial by default to have the rationality: Fourth part of main analysis criminal activity trial by default in our countryestablishment is necessiry. Mainly is for attacking the crime, the transnationalcrime, beyond the border the punishment flees in particular the economic crimesmember, maintaininh the legal authority's need, maximum limiingt guaranteed thenational penalty power realization the need, protecting the victim's benefit and theinnocent accused person benefit need, defending the entity justice, maximumlimiting the dispute, maintaing the social stability need, enhanceing the judicialefficiency as well as preventing our country the oral confession tendency need.The fifth part mainly is to design the criminal activity trial by default in ourcountry constructing. First points out the criminal activity trial by default in ourcountry suitable case scope. Next carries on the design to the trial by defaultprocedure, the key point is to place on trial the stage of the programming, mainly isto five kind of cases programmings. Again next introduct guaranting the trial bydefault fair measure. Finally is to the trial by default accused person's reliefmeasure, mainly has "opposed" the application, the grave offense case "the trialautomatically belongs to invalid", procedure for appeal as well as retrial procedure.