Study On The Protection Of The Rights Of Fugitives In Criminal Absentia Trials

The establishment of criminal absentia trial system in our country is a great progress of our country’s Criminal Procedure Law,and the establishment of this system is a positive response to the country’s in-depth anti-corruption,which is of great significance in the process of the rule of law in our country.However,there are natural defects in the trial in absentia,and the absence of the pursuer makes his rights vacant.This article only studies the protection of the rights of the flight personnel(The words "prosecuted" and "defendant" mentioned in this article are the expression language of "escapee",which will be adjusted according to many factors,such as context,and no longer explain too much in the article).The expression language of "the accused" and "the defendant" mentioned in this article are all "escapees",which will be adjusted according to many factors such as context,and no longer explain too much in the article.This paper briefly introduces the relevant contents of criminal absentia trial,summarizes the current situation of the protection of the rights of Chinese and foreign escapees in criminal absentia trial in China,and thus leads to problems,mainly in the right to know,the right to defend,the right of objection clearly stipulated by law,the retrial and property.In view of the reasons for the flight and the problems with the delivery of documents,the problem of their unknowingness leads to the failure to know the whole case.The provisions on the right to defence are simple,the specific provisions are unclear and the defence may not be able to do its best in defence.The right of appeal and retrial are vulnerable to abuse and to loss of property.Based on these issues to understand the relevant provisions of extraterrient countries and regions,sum up the contents to be used for reference,to protect the flight of personnel’s right to know,including but not limited to the information of the whole case litigation,strengthen the effective defense of the defender,the entrusted defender can make conditional demands,the exercise of the right of objection can not be too widespread,standards to be determined,the reasons for retrial should be clear and reasonable,can not flow on the surface,only the formal slogan has no actual content,Errors should be corrected in a timely and effective manner,while protecting personal rights,property rights should be guaranteed,so as to achieve the purpose of effectively safeguarding the rights of flight personnel,but also conducive to improving the efficiency and efficiency of criminal proceedings.