The Research On The System Of Trial By Default In The Criminal Procedure

In China's current Procedure Law system, the system of trial by default exists in the civil procedural law and the administrative procedural law except the criminal procedure law. According to the existing provisions of the Criminal Procedure Law, the whole case is always suspended and the state of the suspension period is always uncertain, while failed to get the criminal suspects or defendants. This has led to some cases are piled up, some are forced to be protracted the litigation period, and can not be brought to justice in time, and even some cases are concluded by leaving them unsettled in the judicial practice of criminal suspects. To a large extent, a lack of the system of trial by default in the criminal procedure seems to in order to ensure the litigation rights of the litigants and ensure the litigation impartiality. But when the legal system and the procedure are used improperly to avoid the legal regulation and punishment, we have to be in careful consideration and be re-positioning of the system.With most the cases about the absconding corrupt officials, once they are not available, the lawsuit is always awaiting or stopped, even the corrupt officials fleeing overseas with large sums of money. Not only couldn't we investigate the criminal responsibilities of the corrupt officials, but also couldn't make them hand over their spoils. Because of the lack of the system of trial by default in the criminal procedure, there is no corresponding program to be used to confiscate all the spoils of the criminals when they are fled or at their death, especially while the spoils not in domestic. Thus it can be seen that there are still some limitation in the systems of our current anti-corruption criminal procedural system. At present, there are certain disparities between current Chinese laws and institutions against corruption and the Unite Nations Convention against Corruption. It is necessary to establish the system of trial by default in the criminal procedure based on the Chinese situation by using the advanced legislation experiences of the foreign counties which exists the trial by default in criminal procedure. Such a system is essential for the country to fight the absconding corrupt officials, to prevent and punish corruption and to safeguard the justice and validity of procedure law. Knowing that the current mat trial cannot effectively deal with the serious situation about the fled corrupt officials by mulling over the limitation of the mat trial in our current criminal procedure, the author gives an idea of the system of trial by default to the absconding corrupt officials in the criminal procedure in this article. This system follows the principles of not suspend investigation and prosecution as a precondition on the pretrial procedure. It follows direct and oral hearing principle, open procedure principle, effective defense principle and the concept of protection of the innocent and crime control while on the trial procedure. The main building in the specific procedures are the application of such cases, trial preparation, evidence collection and its use , remedies and enforcement procedures which are different from the current mat trial procedure.