The Perfection Of The Criminal Default Trial System From The Perspective Of Comparative Law

In criminal proceedings,the defendant's participation in the criminal trial is the manifestation of the subject's status.However,in judicial practice,the defendant's absence from the court and the absence of the court often occur.As a result,after weighing the advantages and disadvantages of various litigation values,countries have established criminal default trial systems as a special trial form.Examining the legislation of different countries,it is not difficult to find that it is generally established on the basis of the scope of application,the applicable situation and the defendant's rights relief measures,based on the theory and restrictions of prosecution,efficiency,and procedural participation.Criminal trial by default is not only a special form of trial,but also significant for punishing crimes and protecting human rights.The criminal default trial system has been established for many years outside the region.The litigation traditions and litigation concepts are different,and the default trial legislation is also different.Countries that treat defendants 'participation in trials as both rights and obligations,absentia trials often apply to misdemeanor cases;countries that emphasize trial appearances are defendants' obligations,and trials in absentia can apply to both minor and felony cases.As absentia judgments in absentia trials involve the deprivation or restriction of the defendant's related rights and interests,countries have strictly restricted their application in legislation,which generally includes the defendant absconding after committing a crime,violating court order,refusing to appear in court,or not appearing for a specified time,and a joint crime Individual defendants were absent,and the court allowed the defendant to be absent.In addition,in order to reduce the damage to the fair value of absentia trials,national laws provide a series of rigorous and targeted remedies,including the defense of defendants' legal aid,the strengthening of pre-trial notifications of defendants,and strict performance of re-attendant defendants.The person's notification obligation,the right to appeal and objection to the defendant and related subjects,and even the default judgment can be revoked.Many years of extraterritorial legislation and judicial practice have accumulated rich and valuable experience for the smooth operation of the criminal absence system.Through comparison and reference,we have improved our criminal absence trial system.In order to improve China's criminal default trial system,we must strengthen the current litigation concepts and strengthen the original intention of anti-corruption and overseas pursuit of stolen goods.We must strictly limit the scope of application of absentia trials without expansion.The defendant was barred from being sentenced to death.In the applicable situation,the four principles of the defendant's application abroad,applied only when necessary,voluntary absence,and not lowering the standard of conviction are strictly followed.In addition,due to the inherent inadequacy of the trial in absentia,the defendant's right to defense and pre-trial information need to be strengthened.At the same time,the right of appeal of near relatives and the right of opposition of the defendant must be restricted,and the retrial procedure after the defendant's appearance in the court must be detailed.A series of right relief measures for the defendant is intended to weaken the fair value damage caused by the defendant's absence.