On The System Of Criminal Trial By Default

The modern criminal procedure is no longer the pursuit of a single value targets, but a pluralistic system. The criminal procedure which makes the value of protection of human rights and justice come true, increases emphasis on effectiveness and requires efficiency of the proceedings and punishment of crime increasingly prominent. With the continuous optimization of the judicial system, there is a special application of the system of criminal trial by default in criminal proceedings while Chinese criminal procedure law can’t meet the demand for an absent trial in the judicial practice, which hampers the efficiency of the proceedings. In judicial practice, the case has been delayed because of defendant’s running away, death loss of legal capacity etc. It damages the legitimate interests and achieves the goal of penalties. In recent years, the cases of corruption officials were increasing, which resulted in huge State assets loss. According to the provisions of the international convention, our country must establish the system of Criminal Trial by Default in order to successfully recovered a huge sum of money and offer the effective judgment to recipient country which admitting the corrupt officials to land. Those actions are good for protecting country and people rights.Our Criminal Procedure Law doesn’t have the trial by default system; We should adopt the narrow concept according to the relevant provisions of Civil Procedure Law and Administrative Procedure Law and the reality of our country. The system of Criminal trial by default means the subject of proceedings the defense do not attend the hearing for some reasons, The court carries on the trial in this situation of one-party absence and makes the judgment by the law. The System of Criminal Trial by Default has many characteristics, such as the nature of exceptional, non-punitive, and application to the defendant. The theoretical foundation of the system to build the system is the balance of the justice and the litigation proceeding, the balance of the controlling crime and protecting the human rights and the balance of the protecting the interests of the victims and the defendants. We can understand the system and build a more rational system by examining the foreign advanced criminal legislation. It is the need to build the system of criminal trail by default to punish and prevent corruption, recovery of the state assets, protect the rights of the parties and maintain the social stability. Meanwhile, it provides the establishment that our current law, the legal system and a good international environment. And then, our criminal trial by default system build path from the scope of application, applicable conditions, programming design ideas, supporting the establishment of a full right system, forcing the defense system and improving the system of evidence.