| Criminal in-court trial procedure is an important part of the revision of China’s Criminal Procedure Law in 2018.The value of modern criminal procedure is pluralistic,and the establishment of criminal in-court trial procedure is the pursuit of the balance of efficiency and fair value.Combating corruption crimes and realizing effective pursuit of stolen goods,while resolving the improper delay in the proceedings of other types of criminal cases is the main purpose of the establishment of criminal inabsent trial proceedings in China,therefore,the types of cases targeted by criminal in-court trial proceedings are also more special.Since the criminal in-court trial procedure was established,the study of its specific procedure application,scope of application,protection of rights and evidence application has not been carried out in a comprehensive way,and the application in practice is also being explored.The design of this procedure is generally in line with China’s national conditions.The current law still has insufficient provisions on criminal trial by default,especially the relevant provisions on the defendant’s right to object.The defendant’s right to object is an important component of the defendant’s right to relief in the criminal default trial system.Part of it is an important guarantee concerning the rationality and legality of the criminal default trial system.Through the research on the defendant’s right of objection in the current criminal default trial procedure,and comparing the relevant results of foreign studies,it puts forward the irrationality of the defendant’s right of objection in China’s criminal default trial system,and combines the advanced foreign results and China’s realistic national conditions put forward suggestions to promote the relief and protection of defendants’ rights,promote the sound operation of the criminal default trial system,and better achieve procedural justice.This article is divided into four parts.The first part is a brief introduction to China’s criminal default trial procedure,and it analyzes the right of objection in terms of the nature,subject,specific exercise rules,effectiveness,reasons for application,etc.;in addition,it also introduces and contrasts other related rights.For example,the discrimination of the right of objection in different proceedings,the difference with the right of appeal,and the right to apply for retrial.The second part,first introduces the rights of criminal default defendants in France,the Netherlands,Germany,the United States,the United Kingdom,Japan and other countries,and then compares the differences and reasons of the rights of criminal default defendants in various countries.It draws meaning for China.The third part,through the analysis and comparison of the objections of the criminal absentee defendants in the first two parts,leads to the problems existing in the legislation,the specific operation and the guarantee of the objection rights procedures of the defendant’s right to dismiss the criminal trial in China.The legislative shortcomings mainly include: the imperfect rules for exercising the right of objection,too broad reasons for exercise,which can easily lead to abuse;the shortcomings in the specific operating procedures are mainly too effective and the lack of remedies after infringement;the main problems in the retrial procedure are Unclear positioning,incomplete specific regulations,etc.The fourth part is to give the following suggestions in response to the questions raised in the third part: improve the rules of exercise of the right of dissent,clarify the applicable reasons for the right of dissent,establish the procedure of objection review,improve the remedy of the objection,and clarify the trial of trial in absentia The procedural positioning of the mechanism and the procedures for re-trial.The author hopes that these suggestions can improve the relevant provisions of the defendant’s right of dissent in criminal default trial procedures,construct and improve the default trial relief procedures,and better realize the value of setting up criminal default trial procedures in China. |
