Study On The System Of Criminal Trial By Default In China

With the deepening of China's economic system reform,the phenomenon of suspects and defendants evading trial in the field of serious crimes such as economic crimes and terrorist activities has become more and more frequent,especially the number of corrupt officials fleeing to other countries is increasing rapidly,resulting in run off of in great quantities state-owned property.For a long time,due to the absence of the system of criminal trial by default in our country,it is impossible to comply criminal procedure to criminate and sentence for the suspects and defendants who have fled abroad,which makes it difficult for our country to pursuit the criminal chasing and stolen goods.At the same time,the absence of criminal suspects and defendants has seriously hindered the normal conduct of criminal proceedings,as a result,relevant cases are shelved in the long-term,the interests of victims can not be relieved,and the judicial justice has been reduced.At the sixth meeting of the Standing Committee of the 13 th National People's Congress in 2018,the criminal litigation law revised edition was reviewed and approved.The system of criminal trial by default was formally incorporated into the legislation,providing institutional support for anti-corruption work and reflecting the modernization of China's legal concept.However,the criminal trial by default system in China is still in the preliminary legislative stage,lacking practical experience,so,there are many problems in the rationality and operability of the system design,which need to be constantly improved.To explore the system of criminal trial by default,this paper consists of five components,as follows:The first part,the fundamental theory of the system of criminal trial by default.Combining with the current legislative background,through the analysis of the specific connotation and characteristics of the system of criminal trial by default,and the consideration of multiple values,demonstrate the unique advantages of the system.The second part,extraterritorial investigation and reference of the system of criminal trial by default.By investigating the legislative contents of major foreign countries,this paper analyses and extracts their commonalities,to provide experiences for our country.The third part,the current legislation of criminal absence trial in China.Through the comparative analysis of the relevant systems in china,comparing the differences,it is clear that the system of criminal trial by default is superior in the aspects of the particularity of starting procedure,the comprehensiveness of human rights protection and the integrity of the system.The fourth part,legislative doubts about the system of criminal trial by default in China.Due to the lack of legislative and practical experience in our country,there are inevitably deficiencies in the legal provisions.Although the overall design of the system is relatively comprehensive,the legal structure and specific operational norms are questioned: the legislative model is doubtful,contrary to the presumption of innocence principle,narrow scope of application,lack of restrictions on the right of independent appeal,and the retrial system design is too broad.The fifth part,the specific improvement path of the system of criminal trial by default.Based on the analysis and comparison of domestic and foreign legislation,combined with the deficiencies of current legal provisions in our country,this paper intends to perfect and construct the system of criminal trial by default from four aspects:the applicable conditions of the system,pre-trial procedures,trial procedures,rights protection system.Firstly,ensuring the access of the system of criminal trial by default from four aspects: formal conditions,subject conditions,proof conditions and prohibitive conditions?Secondly,expanding the scope and application of the case clearly and appropriately,standardizing the way of starting the procedure,innovating and improving the way of notification service of the procedure,and protect the defendant's right to know.Thirdly,in the court hearing stage,we should improve the criminal jurisdiction system,learn fromforeign experience,adopt different jurisdiction and set up special courts to jurisdiction corruption cases;innovate the form of court trial,establish remote video trial mechanism;and ensure the effective connection between the criminal default trial system and the ordinary trial procedure.Fourth,ensuring actual participation and effective defense of defense lawyers,and allowing lawyers to intervene in the litigation stage ahead of time;allowing criminal defendants to entrust litigate agents;standardizing the right relieving system,restricting the right of independent appeal,defining the exercise conditions of the right of objection,designing specific procedures for the retrial of objection rationally,to avoid abuse of the right of objection and enhance the practicality of the retrial procedure.