Research On The System Of Criminal Trial By Default

China established the system of criminal trial by default when amending the Criminal Procedure Law in 2018.It has "natural" defect,and its effect is convicting someone who absents the court.It runs counter to the traditional trial,but it still has the possibility and necessity of existence.Firstly,the accusation legalism and the theory of litigation provided the possibility for the beginning of criminal trial by default in China.Secondly,the emphasis on the efficiency of litigation and the protection of human rights also provided a living space for the criminal trial by default.Finally,it can help with the country's anti-corruption work of chasing fugitives and recovering proceeds,and comply with the trend of the world to pursue the efficiency of litigation.Therefore,the formal establishment of this system is regarded as a great progress in the history of criminal procedure in our country.The study of this system will be conducive to promoting the development of the criminal procedure law.At present,the establishment of this system in China is relatively short,and the related regulations are still very thin.In practice,it is easy to expose some problems.It is mainly reflected in the following points.First,the scope of application based on specific crimes is single,and the reasons for the absence of courts are not comprehensive.Second,the provisions on the protection of rights are too general and the practicality is poor.Third,the procedures for relief are lacking in specific operational regulations and so on.In general,the system of criminal trial by default still has a lot of room for development in China.In order to further improve the construction of this system,based on China judicial practice,a research about the extraterritorial mature system of criminal trial by default wasconducted.Then some specific ideas are found.First,its scope of application needs to be supplemented.At present,the emphasis is supplementing the types of reasons why attendance at the trial was barred.Second,we should improve the regulations which is related to the protection of rights.We can broaden the way of document service and stipulate standards for service.We also can strengthen the protection of the right to defense,extend the period of defense and improve the standards for the selection of defenders.Third,we should think about something from the perspective of remedies for rights.We can restrict the time and the method of appeal and objection.We also can formulate the specific regulation of the retrial procedure.