On The Construction Of China's Criminal Trial In Absentia System

As an important system design in modern criminal procedure, the system of criminal trail by default plays an essential role in such fields as protecting human rights, promoting justice and improving the efficiency of proceedings. Therefore, it is widely recognized by western countries and gradually becomes a world-wide trend. The legal wisdom of international society shows that constructing the system of criminal trial by default in China is a feasible and necessary choice. The paper tries to construct the system of criminal trial by default which is in line with China's national conditions and with Chinese characteristics through the way of studying the current systems of criminal trail by default of main western countries from all aspects. The paper is divided into three parts, the foreword, the body and the conclusion, and the part of body is further divided into four chapters.Chapter 1. Overview on the system of criminal trial by default. The chapter tries to briefly introduce the system of criminal trial by default such as the concept, the characteristics, the historical development and the values of the system.Chapter 2. Inspect the system of criminal trial by default through the aspect of comparative law. In order to make full preparation to construct a perfect system of criminal trial by default in the coming chapters and learn from the experience of western countries and areas, the chapter aims to finding the common point and reasonableness in the system construction among different legal systems and nations by inspecting the systems now enforcing in main western countries and areas from all aspects.Chapter 3. Analysis on the necessity of establishing the system of criminal trial by default in China. The chapter mainly analyzes the status quo and elaborates the defects of negating criminal trial by default in the fields of criminal legislation and judicial practice, then leads out the necessity of establishing the system of criminal trial by default in China. Through analysis and elaboration, we can be fully aware of the important role the system of criminal trial by default plays in aspects such as maintaining social stability, achieving justice, protecting victims' lawful interest, cracking down corrupt official fleeing abroad and safeguarding nation's interest.Chapter 4. My tentative plan on constructing the system of criminal trial by default in China. As another important chapter of the paper, it elaborates thoroughly on the construction of the system of criminal trial by default from three aspects as the applicable scope, procedural settings and safeguard measures of the system, so that we can learn from it when the time to modify the Criminal Procedural Law comes mature.