Study On The Procedure Of Criminal Trial By Default In China

In recent years,the procedure of criminal trial by default has aroused more and more discussion in China's academic circles.After the amendment of criminal procedure law in 2018,there has been a heated discussion.I am also interested in this procedure,so I wrote this article after carefully studying various viewpoints.This article mainly includes several parts,and the first one is an overview of the procedure of criminal trial by default in China.The second one is the analysis of legal norms concerning the procedure of criminal trial by default in China,and the value orientation of this procedure.The third one is the study about the problems with the procedure of criminal trial by default in China.The fourth one is the suggestions for improvements to the procedure of criminal trial by default in China.The overview of the procedure includes two parts,the analysis of conceptual features and the discussion of its legitimacy.The discussion of its legitimacy in this paper consists of five parts.They were “It is consistent with the principle of procedural participation”,“In line with the theory of trial”,“Meet the needs of maintaining justice”,“Meet the social ethical requirements”,“Follow the trend of international development”.The analysis of the legal norms of this procedure mainly focuses on the content of the third chapter of the fifth part of the criminal procedure law.The value orientation of this procedure is mainly discussed from the angle of value balance,including the balance between judicial justice and litigation efficiency,the balance between punishing crimes and protecting human rights,and the balance between the interests of the defendant and the interests of the victim.The analysis of its problems mainly covers the following aspects: the distinguish of this procedure with the confiscation procedure of illegal income,the relief mechanism for the accused in absentia and the standard of proof of the procedure of criminal trial bydefault etc.The perfection of this procedure mainly include two parts,drawing lessons from the extraterritorial experience and the targeted suggestions on the improvement of existing problems.And the targeted suggestions include programming integration,limitation of right of objection,clearing standard of proof,improving the appeal system,perfecting service method,protecting the right of defense of lawyers and so on.