Research On The System Of Criminal Trial By Default In China

The basic mode of criminal trial is adversarial trial,which is the core of criminal procedure.However,with the pursuit of the value of diversified litigation,the special trial in absentia has gradually entered the legislative horizon of most countries.Based on the consideration of many factors,the legislation of our country has always held a prudent attitude to the criminal default trial system.In recent years,the phenomenon of corrupt elements absconding abroad with large sums of money has been increasing,which seriously damages the national interests.In order to solve the new problems in the pursuit of fugitives and stolen goods,the Criminal Procedure Law of the People's Republic of China(hereinafter referred to as the "Criminal Procedure Law")established a confiscation procedure for illegal gains(hereinafter referred to as unconvicted confiscation procedure),which provided legal and legitimate legal support for the fight against corruption.However,this procedure has multiple limitations,such as "to the object but not to the person",which fails to achieve its expected effect in judicial practice.For this reason,after the 2014 Central Anti-Corruption Coordination Group meeting put forward the proposal of establishing the criminal default trial system,the academic community conducted a series of more systematic research on the system,and the criminal Procedure Law of 2018 included the criminal default trial procedure in the form of a special chapter.Looking at the criminal trial by default system in our country,our country mainly take the practical need as the direction,adopt the top-down legislative mode,in order to promote the in-depth development of anti-corruption recovery,and it can also be applied to "crimes against national security and terrorist activities","suffering from serious diseases" and "death" under the condition of meeting the requirements of the trial by default to achieve the pursuit of diversified litigation value.Of course,the development of new things is not smooth,nor is the system smooth sailing in the initial stages of its current operation.For example,the current criminal trial by default system in China is relatively narrow in the scope of application;in the aspect of appeal,the right of close relatives to appeal independently and the time limit and mode of appeal exist problems;in the right of dissent,the time limit,reason and the court of admissibility are not clear;in the retrial aspect,the system's specific design of the two different situations in the trial process and after the decision comes into effect remains blank.In addition,the contradictions and conflicts in the process of confiscation without conviction have not been properly resolved.Therefore,how to realize the purpose of the system's native affairs in the judicial operation has become the current research focus.After all,a legal system will eventually experience the test of practice in the reform of the times,and accept the thousands of trials of judicial practice,in order to develop from the embryonic form,until mature and complete.In other words,many problems in the current system are not terrible.We should face up to the problems in the criminal trial by default system,deeply study and analyze the causes of the problems,and properly seek solutions,so that "paper-based law" can truly become a local law,so as to finally realize the legislative vision,thus forming a scientific and perfect criminal trial by default system.