On The Perfection Of Criminal Trial By Default System In China

As an important new content of "Criminal Procedure Law" in 2018,the system of criminal trial by default is a new type of criminal procedure which is based on the unity of justice and efficiency and differs from the traditional trial by default.The criminal trial by default system is of great significance for severely punishing corruption crimes,maintaining the judicial authority,achieving the value goal of punishing crimes and protecting human rights,achieving the organic unity of judicial justice and litigation efficiency,and promoting a more scientific and complete criminal litigation sy stem.However,there are still problems in the criminal trial by default system,such as the narrow scope of application,imperfect service procedure,too strict application conditions,imperfect relief mechanism and difficult recognition and enforcement of judgments by default Based on the analysis of the new procedure of trial by default in Criminal Procedure Law of our country,the author investigates the system of trial by default in foreign countries,and puts forward some feasible countermeasures to promote the development of the system of trial by default in order to provide reference for the perfection of the system of trial by default in our country.This paper is divided into four parts.Part ?:The general theory of criminal trial by default system.This paper expounds the concept of criminal trial by default expounds the theoretical basis of criminal trial by default and the value of criminal trial by default.Part ?:Abroad criminal trial by default system inspection.Inspects the foreign country about the criminal trial by default the legal stipulation,analyzes the foreign criminal trial by default system to our country model significance.Part ?:The present situation and problems of criminal trial by default system in our country.From the application scope,conditions.procedures and relief measures of criminal trial by default,this paper analyzes the present situation and the problems in judicial practice.Part ?:Countermeasures to improve our criminal trial by default system.The countermeasures to promote the development of our criminal default trial system are put forward from six aspects,namely,expanding the application conditions of the trial by default,standardizing the application conditions of the trial by default improving the service procedures for judgments by default improving the mechanism for the defendant's right of appeal,establishing the system for the defendant's objection right,improving the mechanism for the recognition and enforcement of judgments by default.