Study On The Implementation Of Criminal Trial Procedure By Default

The criminal trial procedure by default is a new special trial procedure established by the 2018 Criminal Procedure Law Amendment.The establishment of this procedure is not only of great significance for improving our criminal procedure law system,but also for solving our country's pursuit and escape from abroad,The activities of chasing corruption and corrupt officials play an active role in promoting.At the same time,the procedure can also improve the fact that the defendant absconded,leading to the prolonged insolvency of conclusive cases.However,since this procedure was initially established in my country's Criminal Procedure Law,there is still room for further improvement in terms of its scope of application,applicable procedures,and protection of the lawsuit rights of the absent defendant.Based on perfecting the relevant provisions of the special procedure so that it can exert greater effectiveness and achieve the purpose of increasing its frequency of application in judicial practice,this article studies related issues in four parts: the first part clarifies the The research background and main research contents of special procedures;the second part analyzes the opinions of relevant domestic scholars and refers to the mature criminal default trial procedures in foreign countries to clarify the positioning of China's criminal default trial procedures and the main types of criminal default trial procedures applicable,discuss the value of establishing criminal default trial procedures,and clarify the relationship with confiscation procedures of illegal income;the third part explores through the methods of literature analysis,data analysis and case analysis in the implementation of the criminal default trial procedure in China,the problems of too narrow scope of application,the issue of the delivery of documents,the defendant's right to defense and the right to relief.The fourth part is based on China 's realistic social background,drawing on the excellent experience at home and abroad,and proposing to expand the scope of application of the procedure;limiting the defendant's standards in criminal default trial procedures,and enriching the service methods;Add a way for the defendant to defend himself,give full play to the defense value of the defendant's close relatives,and improve the quality of the lawyer's defense services;clear and practical suggestions such as clarifying the exercise order of the right of appeal and specifying the right of objection.