Research On The System Of Criminal Trial By Default

There is no doubt about the efficiency value embodied in the criminal trial by default system.However,although it breaks the barriers of the traditional trial by court,the fair value of criminal proceedings can also be realized by rigorously creating the applicable types,rights protection and relief measures to compensate the possible rights impairment caused by the defendant’s failure to attend the trial.China’s criminal trial by default system is based on the theory of giving up rights and giving consideration to the necessity of appearing in court.It refers to the system in which the defendant fails to appear in court on the day of appearing in court and the court directly conducts trial activities.It can be divided into three types,and it is the organic unity of punishing crimes and safeguarding human rights,the doctrine of legal prosecution and the mandatory trial of criminal complaints.However,it should be noted that there are still some problems.In view of the problem of poor application conditions,it is suggested to clarify the scope of application and set clear measurement standards for serious harm cases reported for approval.Otherwise,criminal acts will be indulged or the audit work burden of the highest inspection will be increased.At the same time,it is suggested that overseas restrictions should be abolished to ensure the timeliness of criminal proceedings.In terms of rights protection,the late intervention of the right of defense hinders the realization of the protection of the defendant’s rights and the supervision of criminal proceedings.The supervision law does not allow the defender to intervene during the investigation,so it is suggested that the defender should intervene during the examination and prosecution.The formal significance of China’s legal aid system is greater than the substantive significance.In order to ensure substantive justice,it is suggested that the threshold of legal aid lawyers should be raised,their professional standards should be strictly enforced,and a high-level legal aid lawyer pool should be established.Giving close relatives independent right of appeal in China has the consideration of diversified litigation value,but it may lead to confusion such as disagreement between close relatives and defendants.It is suggested that the right of appeal of close relatives should be distinguished by types.The first type should be the same as the defendant’s appeal provisions in ordinary trial procedures,and can only be exercised after the defendant’s consent.For the second type,close relatives should exercise the right of appeal independently when the defendant can’t express his true intention or can’t carry out the act of appeal.The third type of case involves the death of the defendant.Because the defendant of this type will get an innocent verdict,it is meaningless to give the close relatives an independent right of appeal.For the trial by default brought by the trial supervision procedure,the close relatives need to safeguard their rights and should be given this right.The right to dissent is a powerful right that can directly restore the pre-trial state,but the unrestricted right to dissent may cause the defendant to deliberately delay in order to escape punishment.Therefore,it is suggested that the defendant in the home country should exercise the right to dissent for three years from the date when the defendant in absentia knows or should know the verdict,and the defendant outside the country can appropriately extend it for six months.In addition,referring to the standards of criminal case filing,the defendant is required to put forward facts that can generate doubts,and then the verdict is suspected after the trial court’s examination.Under certain conditions,this procedure and confiscation procedure can be transformed into each other,because the latter has low standard of proof and flexible application.It is suggested that the case of confiscation procedure should be given priority to relieve judicial pressure.