Constructing The Procedure Of Trial By Default In Criminal Lawsuit Of Our Country

The study on criminal trial by default, will tell some kind of meaning in the exploration on trial power. Scholar Chen Ruihua in his article"criminal trail principle", the court due to provide the final and definitive solutions on the problem of defendant's criminal responsibility. The court trial in the criminal proceedings plays an important role in court, the so-called principle of judicial final settlement is a basic requirement of modern rule of law. The article is from this principle seeking stronger reasons for the legislation of criminal trial by default.From the contents, this paper starts from a case, proposed our country legislation does not recognize the problem of criminal trial by default. And in the analysis of the cause of the problems of the process, in-depth reflection of the lack of criminal trial by default and this bring many drawbacks to judicial practice in our country. Finally put forward author's own views, the construction of china's criminal default trial procedures. In order to change the judicial dilemma and solve the problems which generate by the lack of criminal trial by default. It mainly refers to china's current judicial environment and legislations in foreign countries. It try to make criminal default trial procedure more realistic and maneuverability way.From the system, this paper is divided into three parts: Part one, the introduction of the case, analyze the problem which reflected in the criminal trial by default. This paper firstly expounds the basic facts of the case and the criminal procedure of the case. Then make a concrete analysis to the case handing procedures. On this basis, put forward about the problem of criminal trial by default. Part two, in order to further explain the case of criminal trial by default problem, the author pay more attention to the criminal trial by default problems in our country's legislation. Analysis the existing processing methods, Because of death, fled or lost the capacity for action etc, criminal suspects, or defendants are unable to attend the court. The conclusion is our country's legislation does not recognize the processing mode of the criminal trial by default, and analyzed many realistic problems produced by the criminal trial by default. Part three, based on analyzed of the earlier problems author present the constructing the system of trial by default in criminal lawsuit of our country, manly from the correct settings. Firstly, the criminal trial by default is an important supplement to the judgment and then the author carried out detailed design to the criminal trial by default. Including the applicable situation and the pretrial review of criminal trial by default, pre-trial preparation, trial procedure, the declaration of judgment, execution, and the special provisions of the relief measures for the legitimate rights of the defendant.