The Procedure Of Criminal Trial By Default In China

The adoption of the amendment to the criminal procedure law of the People's Republic of China in 2018 marks the formal establishment of the criminal trial by default system in China,which is set up to make up for the deficiencies in the confiscation of illegal income based on the national conditions of China and guided by the relevant provisions of the United Nations Anti Corruption treaty.Its content covers the conviction of fugitives(especially fugitives)Sentencing and disposition of the property involved in the case.The establishment of criminal trial by default system in the revised criminal procedure law of the People's Republic of China has important theoretical and practical significance.On the one hand,it improves the judicial system of our country and provides legal basis for judicial organs to handle some special cases;on the other hand,the establishment of this system is related to the investigation and punishment of corruption and bribery,anti terrorist activities and the maintenance of national security In addition,the system is in line with the international community,not only to prevent the loss of state property,but also to realize the dual value of punishing criminal activities and pursuing litigation efficiency.This paper takes the criminal trial procedure by default in China as the research object,introduces the meaning of criminal trial procedure by default from the narrow sense and broad sense,form and essence,and introduces the basic characteristics of criminal trial procedure by default from the comparison between criminal trial procedure by default,criminal ordinary procedure,civil and administrative trial by default,and from this procedure and the pursuit of judicial justice In order to improve the efficiency of litigation and recover the escaped assets,this paper analyzes the necessity of studying and improving the criminal default trial procedure in China.Then,based on the introduction of the content of the criminal default trial procedure in some countries of the two major foreign law systems,it analyzes the similarities and differences between the relevant provisions of the two major foreign law systems,from the perspective of the types of criminal default trial procedure in China and the safeguarding rights involved This paper summarizes the current situation of criminal trial by default in China,and further puts forward the problems existing in the scope of application of this procedure in China,the connection with the procedure of confiscation of illegal gains,the standard of proof of the innocence of the dead defendant,the relationship between the defendant and his close relatives' appeal period,and the provisions of the relationship between the right of appeal and the right of objection.Finally,it focuses on expanding the scope of application of criminal trial by default It provides some feasible suggestions to improve the criminal trial by default in our country.