Research On The Protection Of The Defense Right Of Accused In Criminal Trial In Absentia

Since the United Nations Convention against Corruption Preamble came into force in China on December 14,2005,the discussion on criminal trial in absentia has never been stopped.With the rapid development of China's economy,the number of economic crimes and corruption crimes has increased year by year,more and more suspects have fled abroad to avoid judicial trials.Because of the difficulty of overseas pursuit and the absence of criminal trial in absentia system in China,the work of recovering stolen goods from abroad has been very difficult,and resulting in a large number of corruption cases being overstocked and seriously damaging the judicial authority of our country.At the same time,as a state party to the United Nations Convention against Corruption Preamble,China should also improve its legal system according to the convention,actively carry out international cooperation and crack down on corruption crimes.After 13 years of fierce debate and improvement of legal environment,China formally incorporated it into the Criminal Procedure Law of the people's Republic of China on October 26,2018.Because of the absence of the accused,the degree of protection of the accused exercise legal rights,especially the degree of protection of the defense right of the accused,directly reflects the state's degree of rule of law.In order to improve the criminal trial in absentia and balance the justice and efficiency of criminal proceedings,we need to carry out a detailed study on it.From the expressly stipulate of the Criminal Procedure Law of China,there are still major problems in the protection of the defense right of the accused,such as the guarantee of the premise for the exercise of the defense right,the effective exercise of the defense right,and the remedies of the exercise of the defense right.Based on these three important issues,this paper is divided into four parts to discuss.The first part mainly introduces the main content and legislative purpose of the trial in absentia,and analyzes the relevant concepts;The second part is to put forward the problems that the accused will face in the protection of the defense right in the criminal trial in absentia in combination the legislative provisions and the current judicial environment of China,and made an in-depth analysis of the causes of the problems;The third part is the enlightenment of improving the protection of the defense right of the accused from a comparative study of the relevant provisions of foreign countries that we can get;The fourth part is summarize the experience atdomestic and overseas,and put forward specific improvement measures in view of the above-mentioned problems of the protection of the defense right of the accused of the criminal trial by default.