Research On Chinese Criminal Default Trial System

On October 27,2005,in order to adapt to the international call to fight corruption,China signed the United Nations Convention against Corruption.With regard to the loss of embezzled money caused by the embezzlement of corrupt officials,the United Nations Convention against Corruption provides an asset recovery mechanism However,due to the lack of the default trial system and the failure to recognize the effectiveness of the default trial judgment,China has encountered obstacles in applying the asset recovery mechanism,which has prevented foreign judicial institutions from effectively linking the asset recovery process with our country.As a legislative gap in China's criminal procedure law,it is inevitable to establish a criminal default trial system.In China,in addition to the Criminal Procedure Law,the other two major litigation laws provide for a default trial system.All criminal trials are conducted on trial by trial.Absolutely prohibiting trial by default prevents the interests of victims from being effectively protected.It also hinders the improvement of the efficiency of criminal proceedings,and affects judicial authority and social stability.On October 26,2018,the Criminal Procedure Law of the People's Republic of China formally established a criminal default trial system,which not only reflects China's determination to combat corruption,and severely punish crimes that endanger national security and terrorist activities,but also represents China 's criminal Improvement of litigation legal system.From the perspective of legislative background and theoretical value,the establishment of the criminal default trial system has its legitimacy and rationality.The criminal trial by default system makes up for the shortcomings of the trial by trial,avoids the excessive delay of the defendant's absence,and thus improves the efficiency of litigation.It not only protects the legitimate rights and interests of the victim,but also maintains the judicial authority and promotes social stability.The establishment of China's criminal default trial system is political and social,with strong Chinese characteristics,and also has many imperfections:corruption and bribery crimes are included in the default trial,The scope of the existence of the phenomenon is too wide,the facts are unclear and the evidence is insufficient,whether the innocent case is included in the indefinite trial is ambiguous,the retrial procedure for the case of a defendant who has died has to be improved,the defendant 's right to dissent is not restricted,and the defendant who is not in court knows that the protection of the right needs to be regulated,etc.Throughout the world,France 's criminal default trial system can be said to be relatively strict,and there are strict restrictions from the start of the default trial process to the defendant's relief process;in the form of a legal article,the German criminal default trial system is is similar to France,they are strictly and closely,but there are differences from France in the scope of application;the criminal default trial system in the United States has a wide range of application,but it has extremely strict regulations on the protection of the defendant 's human rights;Japan 's Contrary to the United States,the criminal default trial system not only has a very narrow scope of application,but also strictly controls the excessive intervention of the judiciary on the defendant in the application process."Taking its essence and removing its dross" is not only the trend of cultural development and integration,but also the only way for a country's legal development.We should draw on the mature experience of the international criminal default trial system and then combine it with China's actual national conditions and the social status quo,to continuously improve China's criminal default trial system.This article will use the method of comparative law to put forward suggestions to improve China's criminal default trial system,namely to appropriately limit the application of default trials in cases of corruption and bribery,the fact that the defendant's death is unclear and the evidence is insufficient shall not be tried in absentia,refining provisions on the defendant 's retrial of the trial in absentia,restrictions on the defendant 's right to object,strengthening protection of the defendant 's right to know in court,etc.