On The Right Of Objection Of The Accused In Criminal Trial By Default

China’s revised criminal procedure law was officially promulgated and put into effect on October 26,2018.Chapter iii trial procedures in absentia was added to part 5 of the revised criminal procedure law.This amendment is of great significance,which means that China’s criminal trial system in absentia has been formally established.The establishment of criminal trial procedure in absentia has an important influence.On the one hand,it is conducive to the smooth development of China’s international fugitive and asset recovery work,and provides a favorable legal weapon for overseas fugitive and asset recovery.But on the other hand,China’s criminal trial by default system is a "naturally defective" system,criminal trial by default is a procedure to judge and make a judgment on the case that the accused does not attend the trial in person.Because the accused person does not appear in person to participate in the trial,the defendant’s right to defense and the rights granted by law to the defendant in the trial may not be fully exercised.When the rights of the defendant are likely to be infringed upon,corresponding relief channels shall be set up for the defendant.Therefore,in view of the inherent defects of criminal trial in absentia,we should set up corresponding relief measures for it,that is,the right of objection of the person being prosecuted,and the second paragraph of article 295 of the criminal procedure law provides the right of objection to the person being prosecuted.The right of objection enjoyed by the respondent in the criminal trial in absentia is a new and special right of relief.However,the provisions of paragraph 2 of article 295 are too broad,which only stipulates that the respondent enjoys the absolute right of objection.In this paper,the author firstly analyzes the legislative status of the right of objection of the respondent in the criminal trial in absentia in China,and finds the deficiencies of the right of objection.Secondly,through the comparative analysis of foreign criminal default trial relief procedures to our country’s enlightenment;At last,the author puts forward the conception of perfecting the objection right of the accused in our criminal trial procedure in absentia.This paper consists of four parts.The first part is an overview,introducing the concept,theoretical basis and significance of the right of objection.The second part is the legislative status of the right to dissent and the existence of the absence of the relevant provisions ofChina’s criminal default trial accused of the right to dissent,and points out the problems of the right to dissent.The third part is the comparative analysis of foreign criminal default trial relief procedure and its enlightenment to our country.It analyzes the ordinary relief procedure represented by the United Kingdom,the United States and Japan and the special relief procedure represented by France and Germany.Absent in the fourth part is to perfect our criminal trial procedure in the idea of the right of the accused person,mainly for the perfection of the second part of the problem put forward the corresponding suggestion,refine objection put forward the way and reason to limit dissent,and establishing the corresponding review procedures,time limit of exercise,clear to reopen the proceedings.