Procedure Construction And Perfection Of Criminal Default Trial System In China

The 2018 Criminal Procedure Law was amended to add the default trial procedure in Part V of the special procedures,designed the overall system of China's criminal default trial system,and initially established the institutional framework.However,this amendment method still adopts a "patch-type" amendment method,and the absentee trial system is directly embedded in the special procedures,and there are many system construction problems.This article aims to explore the main procedural problems in China's criminal default trial system.Based on the experience of designing procedures for the criminal default trial system in foreign countries,this paper combines the actual situation in China and explores the process improvement of the criminal default trial system in line with China's national conditions.path.First,based on the theoretical discussion,the origin of the trial by default system and the concepts and characteristics of criminal trial by trial are clarified.The concept of trial by default is clarified,and the characteristics of the subjects,procedures and objects of trial by default are clarified.In line with the concept of value balance that guarantees human rights,the legal justification of the criminal default trial system is demonstrated in several aspects,such as the principle of lawsuits for prosecution and the economics of lawsuits.Secondly,by combing and analyzing the criminal default trial systems in four typical countries of the civil law system and the common law system,the similarities and differences in the application of the default trial procedures are compared,and the general rules of extraterritorial criminal default trial systems are studied.Thirdly,the main procedural problems in China's criminal default trial system are explained,that is,procedural competition,unclear procedures,and crude procedural provisions.The procedural problems in the default trial system make it difficult for the default trial procedure to be connected with the original procedure,and it is difficult to apply the procedural provisions and the operability is low.Finally,it discusses the specific path to improve the criminal default trial procedure in our country,that is,to adjust the competitive relationship between the default trial procedure and the confiscation procedure so that the two procedures are coordinated and applicable;emphasize the pre-trial procedure and improve the provisions of the procuratorial organs in reviewing and prosecuting duties in default trial cases;return to the substantive examination standard;clarify the rules of the trial procedure,and provide clear provisions on the application of evidence,trial handling methods,and the exercise of the rights of the defendant in the absence of trial;standardize the objection system,and refine the rights of opposition after the defendant is returned to court.The procedures stipulate the positioning and specific settings of the retrial procedure;improve the enforcement procedures,establish an extradition-based enforcement mechanism for criminal default trials and foreign property enforcement mechanisms;clarify the delivery mechanism to ensure that absent defendants actually know the default trial procedures,Improve the delivery mechanism;improve the right protection mechanism,strengthen the rights of absent defendants by comprehensively strengthening the protection of absent defendants 'right to defense,clarifying the role of the absent defendants' close relatives and regulating their behaviors,strengthening public participation and procedural disclosure.