The System Of Criminal Trial By Default

Influenced by the structure and value concept of criminal proceedings,and out of the protection of the defendant's litigation rights,China has always adopted a single trial by default in criminal proceedings,and has not established the system of criminal trial by default.With the development of economic globalization,international relations have become increasingly close.In order to better combat corrupt traffickers and conform to the international rules such as United Nations Convention against Corruption Preamble,China added the illegal income confiscated procedure when amending the Criminal Procedure Law of the People's Republic of China(hereinafter referred to as the Criminal Procedure Law)in 2012,but this procedure did not achieve the desired results in judicial practice.In order to further strengthen the international anti-corruption efforts to pursue stolen goods and improve the construction of anti-corruption legal system,China established the system of criminal trial by default when amending the Criminal Procedure Law in 2018.This system is a top-down law-oriented system in China,which can effectively coordinate the value conflicts between procedural justice and litigation efficiency.However,due to the establishment of the system of criminal trial by default for the first time in China,some provisions of the system are still immature.At present,most countries in the world have established the system of criminal trial by default.By comparing the regulations of different countries,we can find the commonness and difference of the system of criminal trial by default,which is helpful to improve the system of criminal trial by default in our country.This article consists of four parts.The first part is an overview,introducing the concept,characteristics and value of criminal trial by default.The second part is the extraterritorial investigation of the criminal trial by default system.It examines the legislative provisions of the criminal trial by default system in common law countries and civil law countries respectively,and briefly summarizes the similarities and differences between the two systems.The third part is about the current situation and problems of the criminal trial by default system in China,introducing the relevant provisions of the criminal trial by default system in China,and pointing out the existing problems of the criminal trial by default system in China,such as the re-trial of criminal suspects and defendants after their arrival and the relevant provisions of their right of objection are not detailed enough,the escape of criminal suspects and defendants,and the illegal places of death cases.The confiscation procedure is overlapping and contradictory,and the scope of application is narrow and unclear.The fourth part is the perfection of the criminal Default Trial System in our country.In view of the problems in the third part,it puts forward corresponding suggestions,restricts the time and content of objection,refines the relevant provisions of retrial,classifies the confiscation procedure of illegal income into the criminal default trial system,and appropriately expands the scope of application of the criminal default trial system.