The Improvement Of The Criminal Trial System By Default In China

On October 26 th 2018,the sixth session of the standing committee of the 13 th National People's Congress officially adopted the decision of the standing committee of the National People's Congress on amending the criminal procedure law of the People's Republic of China,which explicitly establishes the trial by default system in the new criminal procedure law.New points in the revised draft points and amendment after released,have related issues about criminal absentia system triggered heated debate scholars,but overall,according to the discussion of the system is less,about the intrinsic value of criminal absentia system,the necessity of institution building and the concrete construction of the system such as the discussion of the problem is still lacking.However,as far as the current legal provisions are concerned,the provisions of the criminal trial by default system in China are too simple,with fewer provisions and poor operability,and it is difficult to give clear guidance to judicial practice.Therefore,the issue of criminal trial by default still needs further discussion.The author expects to analyze the establishment process of the criminal trial by default system in China,the problems existing in the existing system and the specific provisions of the criminal trial by default system outside China,so as to clarify the theoretical basis of the system and provide more specific guidance for the implementation of the system.