Research On The Right Of Dissent In Criminal Absence Trial Procedure In China

In 2018,China's Criminal Procedure Law newly established a kind of criminal absence trial for corruption and bribery crimes.In order to better protect the human rights of the defendant of absence trial and to conduct extradition negotiations with other countries,China's laws have granted them the right of dissent.This right allowed the defendant of absence trial to raise a dissent to the pre-existing absence trial after he is caught,and therefore to reach the result of retrial of the case.However,our country's current provisions on the right of dissent,which is a more effective relief right,are too simple and loose,which is prone to abuse in practice due to the lack of certain restrictions,thus impacting the stability of judicial decisions and the judicial system,and there is also a risk of wasting judicial resources.For this reason,it is necessary to restrict the right of dissent in the criminal absence trial procedure,which can not only better protect the rights of the defendant of absence trial,which help realize the original intention of the establishment of this right,but also effectively maintain the stability of our judicial system.The body of this article is divided into four parts:The first part is an overview of the right of dissent.This part analyzes related legal provisions,defining the concept and the attribute of the right.And also discusses the value consideration for the establishment of the right of dissent,analyzing the elements of the right of dissent to pave the way for the logical sequence of the later study.The second part is the exercise of the right of dissent and its related issues.This part discusses three aspects: the subject of the right of dissent,the conditions for exercise and its limit.In combination with the domestic legislative situation,the author proposes that the exercise of the right of dissent can be standardized and detailed as: it must be exercised by the defendant who is tried in the absence trial,the right of dissent needs reasons to be put out and the right of dissent shall expire after the expiration of the exercise period or once use.The third part is the legal effect of the right of dissent.Based on the shortcomings of the legal effect of the right of dissent,combined with China's national conditions and the development of legislative effects in foreign countries,the author proposes to limit the effectiveness of the right of dissent,that is,to establish a review process around the right of dissent,which leave the decision back to the judge.The fourth part is the protection and relief of the right of dissent.If there is a right,there must be protection and relief around it.Otherwise,the right is a dead letter.The author suggests that a procedure for notifying the right of dissent should be established and the subject of the dissent right should be allowed to seek legal assistance during his exercise of the right,and given him to apply to the higher court for reconsideration when the objection is rejected.