Study On The Rights Protection Of Defendants In Criminal Absenteeism Trial System

The Code of Criminal Procedure of the People’s Republic of China(hereinafter referred to as the Code of Criminal Procedure)adds the relevant contents of the system of trial in absentia to the special procedures in Part 5.The purpose of this system is to effectively compensate for the adverse effects of the defendant’s failure to attend the trial.In judicial practice,there are many criminal cases forced to suspend the trial because of legal reasons,which seriously reduces the efficiency of criminal cases,thus causing a series of subsequent problems.If the case is protracted,it will not only undermine the legal authority of the state,have a great negative impact on the credibility of the judiciary,but also hinder the maintenance of social order,and the application of the trial system in absentia can effectively solve these problems.However,because the trial in absentia breaks the traditional criminal procedure structure,the defendant can not directly participate in the trial activities,which will have a certain adverse impact on the legitimate rights and interests of the defendant.The purpose of this paper is to understand in detail the current legislation of the current Criminal Procedure Law of our country on the protection of the defendant’s litigation rights in absentia trial system.The contents of this paper are divided into the following four parts:The first part is the theoretical basis of the protection of the defendant’s rights in the criminal absentee trial system.Understand the connotation and attributes of the system,and explain the basic theory of the protection of the rights of the defendant from three aspects: the theory of human rights protection,the principle of procedural participation and the concept of equality of prosecution and defense.The second part is the current situation and problems of the protection of the defendant’s rights in China’s criminal absentee trial system.Based on the specific provisions of the Code of Criminal Procedure about the defendant’s right to know,defense and relief,this paper analyzes the main problems existing in the protection of the defendant’s right to litigation.From the current legislation,it can be found that the guarantee of the defendant’s right to know is not in place,the guarantee of the right of defense is not perfect,and the guarantee of the right of relief is not comprehensive.The third part is the extra-territorial investigation of the protection of the defendant’s rights in the criminal absentee trial system.This paper selects several representative countries of common law system and Mainland law system(Britain,United States,Germany,France),understands its system stipulation and concrete application situation,through the common law system country and the Mainland law system country establishes this system comparative analysis,summarizes the useful experience and the enlightenment to our country constructs the criminal absentee trial system.The fourth part is the perfect way to guarantee the defendant’s rights in our country’s criminal absentee trial system.In view of the problems in legislation and practice of the protection of the rights of the absent defendant pointed out in the second part of this paper,some suggestions are put forward to improve the protection mechanism of the rights of the defendant from many angles.We should strengthen the guarantee of the defendant’s right to know by clarifying the standard of service,increasing the object of service,flexibly selecting and applying the mode of service,service system of public announcement,extending the time limit of service,perfecting the trial procedure such as court cross-examination,court debate,defendant’s final statement,strengthening the guarantee of the defendant’s right of defense,standardizing the relief procedure and strengthening the guarantee of the defendant’s right of appeal and dissent.