Research On The System Of Trial By Default In Criminal Procedure

In the previous laws of our country,only the seat trial system was stipulated,and no corresponding provisions were made for the absence trial.The total ban on trial in absentia is not consistent with the need to punish crimes in reality.In the trial,the criminal suspect does not appear in court,not only hinders the proceeding of the lawsuit,but also hinders the realization of fairness and justice to a great extent.At the same time,it hinders the improvement of the efficiency of litigation,and is not conducive to the construction of a law-based society in China.In order to promote the perfection of our country's legal system and legal system,and also to better integrate with the international community,our country has revised the criminal procedure law and stipulated the criminal default trial system.However,there are still some immature legal provisions about the default judgment system and a series of problems in its application in practice.In view of this,there is an urgent need to compare national provisions on criminal trials in absentia in order to find similarities and differences among national provisions,Comparing the merits and demerits of each country's regulations,studying the successful practices of other countries,analyzing their imperfect punishments for reference,and then perfecting our country's criminal default trial system.This paper consists of five parts.The first part is the introduction,which briefly explains the background of the writing,summarizes the research status of the criminal default trial system,and introduces the research methods used in this paper.The second part is the overview,on the absentia trial system some basic theoretical issues briefly introduced,including the concept,characteristics and theoretical basis.The third part will focus on some problems in China's criminal trial in absentia,such as the criminal trial in absentia system is not clear and narrow scope of application;The problem that the criminal trial procedure in absentia overlaps with the confiscation procedure of illegal gains;The problem that the provisions on the right to dissent are not specific enough;The lack of detail in the court's retrial provisions.The four parts will summarize the legislative experience of the criminal default trial system.This paper mainly studiesthe provisions of criminal trial in absentia in the legal system of civil law system and Anglo-American law system.This paper briefly introduces the provisions of other western countries on criminal trial system in absentia,and its reference to our country.The fifth part is the author's Suggestions on improving the criminal default trial system in China,mainly aiming at the problems in the second part.For example,the scope of the criminal trial system in absentia should be clarified.To improve the procedure of criminal trial in absentia and the procedure of confiscation of illegal income;To limit the time and content of objections to a court's trial;Detailed retrial requirements.