Research On The System Of Criminal Judgment By Default

For the first time,the system of criminal default judgment has been introduced into our legislation,which provides a reliable legal basis for punishing corruption crimes,recovering fugitives and recovering stolen goods,and also reflects our fulfillment of our international obligations under the International Convention Against Corruption.The system of criminal judgment by default in China is limited in specific offence and the reason for absence.Depending on the time when the defendant is absent,there are three situations.First,it is absence in investigation.Next,it is absence in examination and prosecution.Last,it is absent in trial.We can deal with it separately in different stages.As the procedure of default judgment is different from the procedure of judgment by default,and it has some defects which is inherent,it should not only follow the basic rules of the criminal procedure in the process of usage that they are the principle of procedural justice,the principle of procedure legality,the principle of evidence adjudication and the principle of open trial,but also need to set up a system and relief which is different from the ordinary procedure.The extraterritorial system of default judgment has been comparatively ripe.Under the analysis from the perspective of rights and obligations of the United States,Belgium,France,Germany and other countries,we can come to the conclusion that the legislative purposes of setting up the system of trial in absentia which vary from country to country.Some countries set up the system to improve the efficiency of litigation,some to maintain the authority of the court,and some to protect the legitimate interests of the victims.However,all countries strictly follow the principle of statutory procedure,and set up corresponding rights protection methods."Absent" defendants can not only entrust defenders,but also apply for "Restitution" of the judgment result or have the right to appeal.The legislation of our country should learn from the experience of foreign countries and combine with judicial practice further specify the case scope of the system of judgment by default,the service procedures.And by setting up the adequate system of rights protection,to supply a gap,the system of "absent" defendant's right of objection,the system of appeal and cancellation to the result of trial,we can establish a relatively perfect system of default judgment.