The Perfection Of The System Of Criminal Trial In Absentia In Our Country

The system of criminal default trial is a system in which the accused person does not attend the trial,and the judge will makes a judgment according to law.This system is established as a supplement to the trial system before the court.On Oct.26,2018,China passed the decision to amend the law,which added a criminal trial by default system.Criminal trial by default system is based on the organic unity of pursuing justice and efficiency,which is of great significance for severely punishing corruption crimes,maintaining judicial authority,realizing the value goal of punishing crimes and safeguarding human rights,and promoting a more scientific and complete criminal litigation system.This paper mainly analyzes the criminal trial by default system in China from five aspects.The first part is an overview of the system,which mainly analyzes the notion and traits of the system.At the same time,it briefly introduces the criminal trial by default system in civil law countries and common law countries.The second part introduces the value of the establishment of the system,mainly including combating corruption,increasing the efficiency of litigation and protecting aggrieved party's rights.The third part is a comparative analysis The fourth part analyzes the existing problems by default system in China.Mainly including the provisions of the retrial procedure is too rough.The fifth part of the article expands and clarifies the scope of application of the system,applies flexible and flexible ways of service,strengthens the protection procedures of the defendant's right to know,right of defense and right of appeal,reasonably limits the defendant's right of objection and refines the application of retrial.The fifth part epitomize the whole paper.As a wholly new system,criminal trial by default system is established in China.which is requisite in the context of globalization,workable in judicial practice and logical in the context of domestic anti-corruption.However,due to the new stage of the system,there is no relevant practical experience for reference in the application process of our country.Therefore,in the future judicial practice,we need to constantly find and solve problems,so that this new system can play a better role in our country.