Research On The Protection Of The Rights Of Defendants In Criminal Trials In Absentia

In order to better carry out the international anti-corruption work of pursuing fugitives and recovering stolen assets,China adopted the decision on amending the criminal procedure law at the sixth session of the standing committee of the 13 th National People's Congress on October 26,2018,adding the trial procedure in absentia in part 5,which is the first time that China has established the criminal trial in absentia system.The establishment of the criminal absentia system changed the past due to the criminal fled overseas cases have not been able to to trial,stolen money is difficult to be disposed and the victim of the plight of loss is difficult to get up in time,it implements the penalty crime and safeguard the rights and interests of the victim,perfection the efficiency of lawsuit and unified,but absentia "birth defects",the defendant's absence means that the defendant's right to present cannot effectively exercise will affect the equality of the prosecuting and defending parties fight,serious word may lead to the defendant procedural and substantive rights have been infringed.Therefore,in order to protect the human rights of the accused,we should establish a mechanism to protect the rights of the accused in the system of trial in absentia.The criminal trial by default system of china is mainly from the scope of application and the protection of the rights of the two dimensions of the construction.China's criminal trial in absentia system has also set up many mechanisms to protect the defendant's litigation rights,however it still has some shortcomings,so this thesis is composed by four parts to explore how to improve the trial in absentia of the defendant's rights protection.The first part mainly from the concept of trial by default to understand the evolution of criminal trial by default in our country.The second part discusses the value of protecting the rights of defendants in absentia trial,such as balancing the pursuit of punishing crimes and protecting human rights.The third part primarily learns the main elements of protecting the defendant in absentia trial by referring to foreign experience and how the foreign countries establish the protectionmechanism to protect the rights of the defendant.The fourth part analyzes the shortcomings of the rights protection of defendants in absentia and puts forward some Suggestions.