The Dilemma And Solution Of The Criminal Absentee Trial System In Our Country

The revised criminal procedure law in 2018 marks the formal establishment of the criminal trial by default system in the form of legislation in China.The establishment of this system not only meets the requirements of the work of recovering stolen goods and fleeing,but also takes into account the value of litigation economy and human rights protection.Many countries in the world,such as the United States,Britain,France,Germany and so on,have established the criminal trial by default procedure,and through long-term development and continuous improvement.From the perspective of the provisions of various countries,Although different countries do not have consistency and identity in their regulations,the theoretical foundations on which their systems are based have certain similarities,including the theory of rights,the theory of obligations and the theory of temporary withdrawal.Under the theory of right,there are the theories of "abandonment of right" and "deprivation of right",while under the theory of obligation,there are the theories of "non performance of obligation" and "avoidance of obligation".Among them,the theoretical basis applicable to China's criminal trial by default system is the theory of non performance of obligations,abandonment of rights and value measurement.In addition,as a new system in the criminal procedure law,there are some obstacles in the application of entity and procedure.Therefore,it is necessary to make it clear in order to improve the criminal trial by default system with Chinese characteristics.This paper is divided into four parts to explore the criminal trial by default system.The first part is an overview of the criminal trial by default system,which mainly introduces the basic connotation,characteristics,types and theoretical basis of the criminal trial by default system.The second part is to analyze the legitimacy of China's criminal trial by default system from the theoretical and practical level.In the theoretical level,it is to comply with the objective needs of China's comprehensive realization of the rule of law,meet the requirements of the United Nations Convention against corruption,and ensure the balance of judicial justice,efficiency and punishment of crime,and protection of human rights.On the practical level,it is to cooperate with the development of our country's recovery of stolen goods and make up for the lack of the confiscation procedure of illegal income,so as to ensure the smooth convergence of the two procedures.The third part analyzes the deficiencies of the system from the perspective of entity in China from the substantive aspect,and puts forward the corresponding optimization path.At present,there are some problems,such as fuzzy scope of application,single type setting and so on.The latter mainly has some problems,such as the single way of service,which leads to its effect is difficult to guarantee,the standard of proof is too harsh,and the mechanism to guarantee the remedy rights is not perfect.The fourth part is to analyze the optimization path of China's criminal trial by default system from the procedural level.At present,there are some problems,such as the single way of service,the harsh standard of proof,the imperfect protection of the defendant's relief rights,and the confusion with other procedures.Therefore,it puts forward the optimization path from the way of service,the protection of the defendant's right to defense,the standard of proof,the relief system and the application of procedure.