Criminal Trial In Absentia System

The criminal trial by default system, an international previous kind of current legal action system, already has been stipulated with legislation form in many countries and regions. The permission that 58th General Assembly of the United Nations passes on October 30, 2003, has carried out trial by default on law case, and has explained universality of criminal trial by default system suitable for use more. But 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 main cause is that our country is affected by some tradition legal action concepts deeper. We think that the defendant is in weak power position in the criminal procedure generally, if contentious procedure interposes the impartial legal action thought not should only be capable to do the rights and interests infringing upon a defendant, and affecting.Insisting on the premise of the tradition legal action and ensuring impartial, the paper thinks we ought to structure criminal trial by default system in our country, as the complement and exception of the tradition trial, to end up legal action in time , to protect the victim's benefit, stable human relations in society, judicial assistance receiving a track and carrying out an international with the world, give consideration to both judicial fairness and legal action efficiency, explore a relative balance burning between them. At the same time, thinking about the inherent abuse of trial by default, the paper has given close confinement to the trial by default condition, when designing criminal trial by default procedure culture, and has interposed comparatively close relief procedure, to avoid the criminal trial by default risk to defendant lurking.In this paper, it will be talked over in the following four parts respectively:In the first part, criminal trial by default system summarizes. It has analyzed criminal trial by default concept, characteristic and history develop; it is more important that it has analyzed the value of criminal trial by default and judicial fairness conflict, criminal trial by default legal action efficiency value embody and the target balance between judicial fairness and legal action efficiency of the trial by default three aspect analytical criminal trial by default value.In the second part, the paper has introduced Germany, France, USA, United Kingdom and Italy trial by default system. Trial by default system of foreign has provided to convict structuring our country important draw lessons.In the third part, the paper has analyzed necessity and feasibility of structuring the criminal trial by default system in our country. First, it has introduced our country current laws treatment regulation about that the defendant is absent and their abuse, and then has analyzed necessity and feasibility structuring criminal trial by default in our country.The forth part is about structuring criminal trial by default of our country system designs. The procedure includes concretely front trial by default preparation working, being absent interposes with trial by default procedure and the relief procedure trial by default.