The Research On The System Of Criminal Trial By Default

Criminal activity is exposed through a fair and impartial trial to punish crime, protect human rights, criminal justice processes embody values such as justice, order, efficiency, achieved through the realization of procedural justice and substantial justice. Absence of the criminal justice system as a system of exceptions of the criminal justice system has become a general litigation at the international level, in many countries and regions in the form of legislation to be sure. There are currently no provisions on criminal system of default trial, but did encounter in judicial practice because the defendant does not appear, to suspend or terminate the circumstances of the case, eventually leading to the property and whether the defendant is guilty, in connection with the criminal section only holds, undermine the credibility and authority of the judiciary. In order to resolve the dilemma a dilemma, absence of the criminal justice system is undoubtedly the best choice. From the international perspective,"The UN Anti-Corruption Convention " formally came into force in China, anti-corruption efforts have been further developed, in keeping with the international justice better combat corruption crime, introduce a system of default trial is necessary. From domestic law see in judicial practice, most cases involving a large number of economic crimes and corruption had run off with money is a crime suspect, huge loss of State property, and because suspects long absconded, the case has been delayed, serious harm to the interests and authority of State property.Therefore, in order to resolve the judiciary now appears more frequently and remained a judicial stay, and international justice strictly uphold national dignity, absence of the criminal justice system should be established in our country. This pursuit in guarantee proceedings subject to the fair value of the efficiency of the proceedings, that absence of the criminal justice system should be established, as a complement to China’s criminal procedure law and exceptions, so that timely justice, protection of interests, maintaining social order, safeguard legal authority.This thesis consists of six parts:first part is a brief overview on the background and significance of topic in this article,content and method of study and academic research; the second part is a summary of the criminal system of default trial, from the concept, characteristic and theoretical basis of legitimacy to explain the absence of the criminal justice system in three dimensions, analysis of the criminal trial is by focusing on the efficiency of the proceedings to the pursuit of Justice to punish the crime as a means of achieving the purposes of the protection of human rights. It must possess such values, and do the construction procedure for later building program theory; the part three is about the system’s analysis on the legislation of abroad, from the perspective of experience, selectively specific provisions in the summary trial in foreign countries, at the same time through the same analysis summarized in foreign legislation, provided for later reference blueprints; the fourth part mainly discusses the present legislation rules and existing disadvantages; the fifth part is about the necessity and the feasibility about the establishment of China’s criminal trial by default system, it is mainly discussed the theoretical basis of constructing system; the sixth part sets out specific provisions for the establishment of the Chinese criminal system of default trial.