| In 2018,the fifth part of the criminal procedure law of China has undergone a considerable improvement and revision.In the fifth part of the criminal procedure law,the third chapter is added,that is,the main content and provisions of "trial by default procedure".The newly added chapter contains seven legal provisions,which further establishes the system of trial by default in criminal proceedings in China.The establishment of the system of trial by default in China’s criminal procedure is a "new thing" born in line with the current situation and the development trend of China’s criminal procedure.The most important,representative and innovative part in the revision of Part V of the criminal procedure law of China is to increase the criminal trial procedure by default.From a positive point of view,the effective construction of the system of trial by default links up with the current "confiscation procedure of illegal income" and forms a complement,which promotes the possibility and dilemma of solving the current confiscation procedure of illegal income unable to effectively investigate the direct criminal responsibility of the suspects and defendants of corruption and bribery,and helps to deepen and promote the anti-corruption of judicial organs Corruption and recovery of stolen goods in absentia trial work,to promote the timely handling and settlement of criminal cases,improve the efficiency of justice,as soon as possible to make the social order seriously damaged by national interests further return to the normal state,so that the victims of crime can get timely relief,establish a good image of the party and the state,and maintain the authority of justice.It plays an important role in effectively curbing the cases of corruption and bribery,especially those who continue to flee abroad after committing the crime.Let those criminal suspects and defendants of corruption and bribery who escape to foreign countries in order to evade the punishment of national laws further understand that foreign countries or remote areas are not heaven to escape from the legal sanctions,and urge those criminal suspects and defendants of corruption and bribery who are abroad to repent as soon as possible and take the initiative to commit crimes.However,we should also clearly see that there are still some outstanding problems in our criminal trial by default system.Although the criminal procedure law of our country has made provisions on the scope of application,prosecution,service,defense,relief rights and other aspects ofprocedure,but throughout the world today,there are few mature legislative provisions on criminal trial by default procedure,even in developed countries with sound legal system development.In addition,there are different arguments in the academic and judicial fields about the specific scope of application of the trial by default,which is also an important content of this paper.There is still a great controversy on the legitimacy of the criminal procedure in the trial by default system itself,which directly determines whether the effective criminal judgment made by the courts in China for the application of the trial by default can be recognized and effectively executed by foreign countries in time.If the effective criminal judgment made by the court in our country according to the procedure of trial by default can not be executed,it will cause substantial damage to the authority level of criminal procedure in our country.At present,the revision of the Constitution and the enactment and implementation of the supervision law of our country can basically achieve the legal basis for anti-corruption work.At present,China’s criminal procedure law and its relevant judicial interpretation should correctly deal with the relationship between the confiscation of illegal gains and the criminal trial by default,strictly define the scope of "corruption and bribery crimes",improve the judicial review,prosecution,trial procedure and service system of criminal trial by default,improve the relief procedures of criminal suspects and defendants,and ensure the absence Take part in the right of defense of the criminal suspects and defendants,and ensure the legitimacy of the criminal suspects and defendants in the absence of cases in the procedure and entity. |
