Justification Of The Construction Of The System Of Criminal Trial By Default In China

The system of trial by default had formed the prototype in Roman times.In recent years,more and more defendants were absent of the trial for various reasons, and coupled with theneed for anti-corruption work, the system of criminal trial by default has been accepted bymany countries and regions and most of them took it as a auxiliary system response to dowith the particular litigation,and most countries and regions still lack a systematiclegislation of the criminal trial by default.In china the legislation of the system of criminaltrial by default is nearly blank,but fortunately,the theoretical study of this system hasdeveloped gradually over the past decade,which gave us some inspirations of establishing thesystem of criminal trial by default.The article included four parts:The first chapter involved the keystone of the system of criminal trial by default. It includedthe definition of the the system of criminal trial by default, characters, qualities, theoreticbasics and the compare to other system of criminal trial by default.The second chapter discussed the legislative value of establishing the system of criminal trialby default.The third chapter discussed the necessary of establishing the system of criminal trial bydefault. Firstly, we will analyse the status of China’s legislation and judicial system,toprovide a realistic premise for the analysis of the necessity and significance of establishingthe system,and prove that there is necessary to establish the system of criminal trial bydefault in our country. The system is of great benefit for the rule of law in China.The fourth chapter discussed the feasibility of establishing the system of criminal trial bydefault. We will analyse the obstacles of establishing the system of criminal trial bydefault,and make sure the problems which we will be confronted with;and then we shouldafford the realistic basis of establishing the system in China.Finally, we’ll inspecte thissystem of other extraterritorial criminal proceedings,and to compare with related systems inChina, for the purpose of exploring the correct way of establishing the system of criminaltrial by default in our country.