The Protection Of The Defendant's Rights In Criminal Trial By Default In China

The criminal trial by default in China plays an active role in fighting crimes and protecting human rights,improving the efficiency of proceedings and ensuring the fairness of trials.Since the procedure of trial by default has changed the traditional pattern of criminal proceedings in which the two parties debate,which is to hear and make a judgment in the absence of the defendant,the application of the procedure of trial by default is bound to affect the litigation rights of the defendant.To guarantee the legal rights of the defendant is one of the important factors to measure the civilization of rule of law in China.Therefore,The revised criminal procedure law of China has made the following provisions in the criminal trial by default: the defendant's right to know;the defendant's right to defense;the defendant's right of appeal;the right of dissent of criminals;the protest of People's procuratorate;the error correction mechanism of the court.These practices not only conform to the international common judicial norms,but also follow the principles of fair trial and procedural participation in criminal proceedings.However,statutory law cannot completely avoid loopholes.About the criminal trial by default in China,there are more or less problems in the protection of the defendant's litigation rights,such as: the defendant's right to know,the defendant's right to defense,the defendant's right to appeal,the criminal's right to dissent and theprotection of the defendant's personal right.To clarify and to perfect the protection of the rights of the defendant in criminal trial by default can better promote the development and application of this procedure in China.Therefore,this paper elaborates on the basic rights of the defendant in criminal trial by default in China,and after comparing the rights of the defendant in criminal trial by default in foreign countries,summarizes the enlightenment for China.At the end of this paper,the author analyzes the problem of the defendant's rights protection in criminal trial by default in China,and puts forward some suggestions to perfect this procedure.This paper is mainly composed of four parts:Part one: the overview of criminal trial by default.This part expounds the development course and legislative status of the criminal trial by default procedure in China.To define the concept of criminal trial by default in China,and to explain the significance of the establishment of this procedure.Part two: the analysis of the defendant's litigation rights in criminal trial by default.This part includes the allocation of the defendant's rights in criminal trial by default in china and the foreign legislative experience in this area.Through the comparison,analyze whether China can find reference from foreign experience.Part three: the defects of the defendant's rights protection in criminal trial by default.This part is an analysis of the protection of the rights of defendants in criminal trial by default in China,and the causes of these problems.Part four: suggestions for improvement.On the basis of the above argumentation,the author puts forward some brief suggestions on how to perfect the protection of the defendant's rights in criminal trial by default in China.