The Perfection Of Criminal Trial By Default Procedure

On October 26,2018,the decision of the Standing Committee of the National People’s Congress on Amending the criminal procedure law of the People’s Republic of China was passed,and the criminal trial by default was formally incorporated into the law as a new special procedure.Criminal trial by default procedure,which is different from the traditional trial in person,is a new criminal procedure established on the basis of pursuing the unity of fairness and efficiency.The procedure of criminal trial by default is of great significance for striking and preventing major crimes such as corruption,strengthening the timeliness of international recovery of stolen goods,and promoting a more scientific and complete criminal procedure system.As a new procedure,criminal trial by default procedure is very necessary,but it has no previous experience in China’s judicial practice.Up to now,the case of the first application of criminal trial by default procedure to the corrupt officials who fled abroad is still in trial,so the practical experience is very little,and it is not difficult to see the provisions of the procedure from the analysis of the law In general,there are some limitations and deficiencies,such as the scope of application is small,the relevant provisions of the defendant’s close relatives’ independent right of appeal are too broad,and the multiple functions of the confiscation procedure of illegal income compete with each other.In China,criminal trial by default procedure can be said to be "from scratch",but many foreign countries have established legislation related to the procedure for a long time,and have accumulated rich experience after years of judicial practice.After a comparative study of the mature legislative systems of foreign countries on criminal trial by default procedure,this paper finds that most countries include misdemeanor into the scope of application of trial by default procedure,and the provisions on the protection of the rights of the defendant are different.Based on the above,the author puts forward some operable suggestions to promote the development of criminal default trial procedure in China,hoping to provide reference for the improvement of criminal Default Trial System in China.Specifically,it includes: bringing minor criminal cases and midway withdrawal into the scope of application of trial by default;reasonably limiting the defendant’s right of objection;refining the independent right of appeal of the defendant’s close relatives,restricting the exercise of the independent right of appeal should be given priority to the defendant’s will,clarifying the order and time limit of the exercise of the independent right of appeal,etc.;properly handling the connection with the confiscation procedure of illegal income,and dividing the differences between the two According to the situation of application,we can choose to apply it in judicial practice.