A Study On The Improvement Of Defendant’s Relief In Criminal Trail In Absentia

On October 26,2018,the sixth meeting of the Standing Committee of the 13th National People’s Congress adopted the decision on Amending the criminal procedure law of the people’s Republic of China.The fifth part of the new criminal procedure law is criminal trial by default.The content involves the scope of application of criminal trial by default,the court of jurisdiction,judicial assistance,entrusted defense,appeal and protest.This is the first time that the criminal trial procedure by default has been clearly stipulated in the legislation of our country.Because the defendant didn’t attend the lawsuit in person,it is a kind of infringement on his right of defense,pledge and other litigation rights.The defendant should be given the way to raise an objection to remedy the damaged rights.Without remedy,there is no right.Only by establishing certain remedy measures and a complete remedy system,can the law be implemented accurately and justly.The criminal trial by default procedure itself has a great sacrifice to the rights of the defendant.Setting up a complete relief system can greatly avoid the disadvantages of the trial by default procedure.So that the rights of the defendant to be reduced can be made up and saved to a certain extent,and the balance between justice and efficiency,crime fighting and human rights protection can be maintained as far as possible.This paper mainly improves the relief system of the defendant in the criminal trial by default.First of all,it briefly introduces the criminal trial by default procedure and the background and significance of the relief system given to the parties in the criminal trial by default procedure,and clarifies the relevant concepts.Secondly,it introduces the relevant legal provisions of the relief system enjoyed by the defendant in the current criminal trial by default and the implementation of the judicial practice.Thirdly,this paper analyzes the problems and defects in the provisions of the relief system of the defendant in the criminal procedure by default in the criminal procedure law of China,mainly including the provisions of the right of appeal enjoyed by the defendant and his close relatives are not detailed enough,the provisions of the retrial after the case arrives are not detailed enough,the right of objection enjoyed by the defendant is not perfect enough,and it is not related to the illegal income There are conflicts in the relief of collection procedure.Then it lists the relevant legal provisions of the civil law system and some countries of the common law system on the remedy system of the defendant’s rights in the criminal trial by default and the reference significance for China.Finally,in view of the above problems and defects,the paper puts forward the corresponding solutions and the idea of improving the defendant relief system in the criminal trial by default.