Research On The Application Of Criminal Default Procedure In My Country

2018,the newly revised criminal procedure law establishes the criminal trial by default procedure,which is one of the milestone events in China’s criminal procedure law.Criminal trial by default procedure is conducive to the timely and fair treatment of cases,to ensure the realization of national penalty power,so as to maintain the authority of the law.However,there are still some theoretical disputes and practical problems in the application of criminal trial by default procedureFirst,the application rules of criminal trial by default procedure and illegal income confiscation procedure in the state of concurrence are not clear.The criminal default trial procedure can solve the problem of property involved in crime and solve the problem of conviction and sentencing of the suspect and defendant,but its practical operation difficulty is much higher than that of illegal income confiscation.Therefore,the practical departments need to analyze the specific problems,accurately grasp the characteristics of the two,effectively play the maximum effect of the two in practice,and achieve the best effect of overseas recovery of stolen goods.Second,the specific application rules of criminal trial by default are not detailed enough.For the specific operation dilemma of criminal trial by default procedure in practice,it mainly includes several aspects such as procedure start,document service,investigation and evidence collection,retrial and so on.In order to solve the specific application problems,we need to combine the relevant international regulations,fully consider the feasibility and convenience of the procedure,and improve the specific application rules.Third,the right protection mechanism of criminal trial by default procedure needs to be improved.To protect the basic rights of the accused is the basis of the legitimacy of criminal trial by default,which is not only the basic requirement of the criminal procedure law to protect human rights,but also the premise of the default judgment to be recognized and implemented by foreign countries.At the same time,we should consider the operational difficulty of practice,and on this basis,set up a supporting mechanism which is easy to practice.In a word,this paper will discuss the application of criminal trial by default procedure and confiscation of illegal income procedure,specific application rules,rights protection mechanism and other aspects in detail,and put forward some suggestions to improve the application of the procedure,in order to build a more complete criminal trial by default procedure.