Research On Criminal Default Trial System In China

The 2018 Criminal Procedure Law Amendment formally established the criminal default trial system.The system not only reflects the dynamic balance of the criminal litigation pursuit of criminal litigation in China,protection of human rights,fairness and efficiency,and other litigation concepts,but also complies with Chinese requirements to combat corruption crimes.While affirming the establishment of the absence trial system is a major breakthrough in Chinese criminal procedure law,we should also see these problems.The scope of application of the case under the default trial system needs to be further clarified;the litigation rights of participants especially close relatives and agents of the defendant,are too broad;the absence of the trial proceedings and the confiscation of illegal income and related laws Properly handled;the amendment did not mention the standard of proof for the application of trial in absentia proceedings,and the application of the standard of proof is ambiguous.Based on the requirements of pursuing litigation efficiency and achieving procedural justice,the scope of application of the trial proceedings in absentia should be further improved.Including the defendant's withdrawal from court,disrupting the court order,minor cases or case where the private prosecutor suffers from serious illness but does not appoint a litigant into the scope of the trial by default;on the basis of safeguarding human rights,regulating the right of objection,agency and legal aid to the defendant.To ensure the reasonable exercise of the rights of other litigants;at the same time,the establishment of the default trial procedure broke the original tripartite structure of the litigation model and adjusted the connection between the default trial procedure and the original litigation procedure,especially the illegal income confiscation procedure.The prototype,to coordinate the relationship between the two procedures,to better connect the two procedures is also a problem that needs to be solved;Based on the absent trial system,it is difficult to operate and it is recommended to use a lower certification standard.The high probability criterion is more reasonable.