Study On The System Of Criminal Trial By Default In China

Since the first case of criminal trial by default in the history of the world,the debate on the rationality of the application of trial by default and the protection of human rights has never stopped.The system of criminal trial by default has made a difficult progress in the game of affirmation and negation in the world's legal circles.Under the balance of litigation efficiency and procedural justice,the criminal trial by default system has gone through the process from scratch,from establishment to perfection.Now most countries and regions have established the system and applied it in practice.In the criminal procedure law revised in2018,the trial by default procedure was added to the chapter of special criminal procedure for the first time,which is also an attempt and breakthrough in the concept of criminal procedure legislation.The establishment background of this procedure is in the stage of deepening the reform in the new era.China is faced with many problems,such as the increasing transnational crimes,the increasing incidents of corrupt officials fleeing abroad,and the repeated obstacles to international judicial assistance and foreign pursuit of stolen goods.Although the illegal gains confiscation procedure has been added in the previous criminal procedure legal system,it has not solved the fundamental problems such as anti-corruption dilemma,litigation delay,external pursuit and so on.This paper will combine the legislative provisions of the newly revised Criminal Procedure Law on the criminal default trial system to find theoretical support for the criminal default trial system from the following three aspects: the principle of legal prosecution,the value of litigation efficiency and the concept of human rights protection,and fully demonstrate the necessity of constructing the system of criminal default trial in combination with the background of the current anti-corruption era,the defects of single seat trial,judicial justice and the unity of the legal system.By analyzing the legislative level and starting from the judicial practice demand,this paper puts forward some countermeasures in view of the narrow scope of application,imperfect service procedures,improper provisions of the right of objection,and defects in the independent appeal right of close relatives,so as to provide practical reference for the improvement of China's criminal default trial system.