On The Improvement Of Criminal Trial By Default System

The criminal procedure law revised in 2018 has added the system of trial by default to the fifth part “special procedures”.The system of criminal trial by default has a long history,which is involved in many countries’ legislation and judicial practice.The establishment of this system in the criminal procedure law of China has improved the existing criminal procedure system,which is of great significance to the construction of the criminal procedure system,standardization and scientization in China.The new criminal trial by default system is a positive response to the party and the state to strengthen the system of anti-corruption.Since the 18 th National Congress of the Communist Party of China,the party and the government have carried out a series of anti-corruption struggles with strong measures,remarkable achievements and good response from the masses in line with their responsibility for the future and destiny of the country and the feelings of the people’s children.With the continuous introduction and improvement of a series of laws and regulations,the effectiveness of system anti-corruption has become increasingly prominent.It is worth noting that the newly added system of trial by default has not carried out specific pilot work in Chinese judicial practice,without the practice of trial first,but adopts the way of directly entering the law.At the same time,the content of the legal provisions of the criminal trial by default system is relatively general and broad,and it is easy to deviate from the original intention of the system design in the specific judicial practice.In order to ensure the effective implementation of the system in judicial practice,not violate the original intention of the system provisions,and prevent the system from going astray,this paper,based on grasping the spiritual essence of the criminal trial by default system,exploring the legislative background and legal provisions of China,and referring to the relevant experience of foreign countries,puts forward relevant suggestions to improve the criminal trial by default system in China.The main content of this paper includes four parts.In the first part,through the accurate definition,historical development,theoretical basis and multiple value analysis of the criminal trial by default system,we can accurately grasp the spirit and connotation of criminal trial by default.The second part,from the specific provisions of the law and the reality of judicial practice,comparative analysis of the new criminal trial by default system and the confiscation procedure of illegal income.Through the analysis of the stipulation of the current legal provisions and the application of the procedure for confiscation procedure of illegal income in judicial practice,this paper aims to analyze the relevant problems of the trial by default system in the existing legislation and the similarities and differences between the two procedures and their respective advantages.The third part compares the specific laws and regulations of France,Germany,Britain and the United States on the criminal trial by default system,and studies the legislative skills and scientific norms from the aspects of appearance,specific content,increase and decrease,and modification,so as to provide useful experience for the perfection of the criminal trial by default system in China.The fourth part,on the basis of fully absorbing the spiritual essence of the criminal trial by default system,analyzing the relevant problems existing in the existing legislation and learning from the mature experience of foreign countries,puts forward relevant suggestions to improve the criminal trial by default system in China from three aspects of legislation,judicial practice and rights protection and relief.At the legislative level,we should perfect the legislation of criminal trial by default,pursue more scientific,normative and operational legal stipulations of criminal trial by default;at the judicial practical level,we should properly link the criminal trial by default procedure and the confiscation procedure of illegal income,solve the problems of concurrence between the two procedures,and give full play to the effectiveness of the two procedures;at the level of rights relief and protection,we should improve the corresponding relief and protection of the criminal trial by default system,and treat different cases differently,so as to achieve favorable effects of the criminal trial by default system and give full play to its system efficiency.