On The Review And Improvement Of The Criminal Default Judgment System

The criminal default trial system was officially written into the criminal procedure law in 2018,which meets the needs of China’s judicial practice.As a new procedure established by the Criminal Procedure Law,the criminal default trial system is a big step in the reform of China’s judicial system,and it is also a big step towards the world and in line with international standards.At the same time,the birth of this new system also caused many problems and contradictions.Because of the "natural flaws" in the system,attention should be paid to the deficiencies of the system in the design of the program and measures should be taken to make up for it,so as to avoid infringement of judicial justice due to its defects during the operation of the system.In practice,the judicial organs must not rigidly follow the principles of criminal procedure,nor can they apply criminal absence trial procedures without restriction.This article attempts to demonstrate and analyze the remaining doubts of the criminal default trial system from five perspectives: the scope of application,applicable conditions,applicable procedures,protection of defendants’ rights,and recognition and enforcement of criminal judgments,and consider the conflicts of values behind the problems,and Suggestions are made for the "deficiencies" of the system,with a view to improving the criminal default trial system.At the same time,by drawing on the rich experience of criminal default trials in developed countriesruled by law,the theoretical basis and value basis of China’s default trial system will be enriched and its maximum effect will be achieved.The full text is divided into four parts:The first part is the problems existing in criminal default trial system.Based on the current situation,this part attempts to review the shortcomings of the criminal default trial system from five aspects: the scope of application is too narrow,the starting conditions are not clear,the notification procedure is inadequate,the defendant’s rights protection mechanism is not perfect,and the judgment recognition and enforcement are absent.The second part is the consideration of the value of establishing criminal default trial system.It examines the application of this special procedure in judicial practice from three aspects: the contradiction between procedural justice and substantive justice,the conflict between litigation efficiency and rights protection,and the balance between individual justice and social justice.Theoretical research and practical construction are of great benefit.The third part is the extraterritorial comparison of criminal default trial system.Comparative study of the criminal default trial system in the United States,Germany,France and Italy,using the practical feasibility of the above countries,and applying it to China in light of actual national conditions,with a view to further improving our criminal default trial procedures,enriching the connotation of the system and enriching the spirit And essentials.This is of great theoretical and practical significance to deeply explore the problems andsolutions of criminal default trial system in China.The fourth part is the perfect path of criminal default trial system.By demonstrating and analyzing the value of different ranks,drawing on the experience of governing the country by Western law,and putting forward corresponding suggestions on the existing problems of the system on the basis of combining reality.Attempts to further clarify the boundaries of the system’s scope of application,strictly control the conditions of application,clarify the applicable standards,regulate the application of the notification procedure,effectively protect the rights of the defendant,implement the recognition and enforcement of trial judgments in absentia.