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With the development of China's economy and the increase of world communication, accompanied by the increase of economic and international criminal cases, the phenomenon of criminals fleeing is very serious. In such cases, the suspects or defendants are often absent from judicial proceedings. Corresponding to this situation, China's criminal law follows the principle of self-responsibility. When a criminal dies, escapes or loses the case, he loses the purpose of punishment, and the purpose of criminal law cannot be achieved, so it is of no practical significance to investigate criminal responsibility. Therefore, the court suspends or stops hearing the defendant's case while omitting the criminal suspect.

I think that although the method seems reasonable and protects the rights of both parties to the lawsuit to a certain extent, this routine will put the case on hold and will not be resolved for a long time. As an important way of closing a case, trial by default is clearly stipulated in China's civil procedure law and administrative procedure law, which plays an important role in safeguarding the authority of the law and the dignity of the national legal system. However, in China's criminal procedure law, the trial by default system is undoubtedly a defect, which leads to its misuse and abuse in judicial practice, which not only violates the current economic concept of litigation, but also is not conducive to the realization of litigation justice and efficiency.

This paper refers to the legislation and practice of trial by default in international and foreign countries, and on the basis of absorbing and drawing lessons from the advanced legislation of trial by default in foreign criminal proceedings, combined with China's specific national conditions and judicial practice, explores the necessity and possibility of establishing trial by default in criminal proceedings in China, and puts forward the idea of establishing a criminal trial by default system that adapts to the development of our society.