Research On The Perfection Of Criminal Trial By Default In China

The history of Criminal trail by default in our country has gone through a long period of development.The amendment of the Criminal Produce Law marks the formal establishment of this system in China.Before this,Criminal trial by default as an important system design in modern litigation field,has become a necessary component of foreign criminal trials.But in our country only has it in the civil action and the administrative action,in the criminal action it has vacancy condition.Although the procedure illegal confiscation is the rudiment of trial by default in the field of criminal prosecution,it only aims at the confiscation of unlawful proceeds,and doesn't judge the criminal responsibility of the defendant.In view of this,China's criminal trial in absentia system through the vote,can be seen as a good start,but the system was established at the beginning,the relevant provisions are still simple,and the system focus on anti-corruption work and the solution of the problem of international recovery of stolen goods has certain particularity,but also has the quite big consummation space.Through defining the types of the criminal trial by default,exploring the legitimacy of this system by analyzing the practice function and jurisprudence value,and comparing the design of the system of criminal trial by default in four foreign countries:America,Germany,Italy and France,combining with China's specific national conditions and judicial practice,the thesis summed up the foreign criminal trial by default for China's reference.Finally,the thesis from the criminal trial by default system and the illegal income confiscation procedure conformity,and the ordinary procedure coordination,as well as this system should have the proof standard and the defendant's right disposition and so on aspect analyzes our country criminal trial by default the perfect plan of the procedure,constructs the more complete and the explicit criminal trail by default.