Research On The Protection Of The Rights Of Defendants In Criminal Trial In Absentia

The criminal trial in default procedure is a new addition to the revision of the Criminal procedure Law in 2018,which is of great significance to solve the problems faced by the judicial practice in our country and to crack down on the corruption crime of flight.As a result of legal transplantation,in order to make up for the imbalance caused by the absence of the defendant in default,it is so important to protect the rights of the defendant,and to regulate the exercise of the defendant's rights.Therefore,the paper discusses the protection of the rights of the defendant in criminal trial in default through four aspects.First of all,to define the concept of criminal trial in absentia,we can make clear the direction of protecting the defendant's rights in broad and narrow absentia trial.In the context of narrow-sense trial in absentia,the paper puts forward the basic idea for solving the problem,and then combs the characteristics of the defendant's rights protection under the absentia trial procedure,and then compares it with the civil trial in absentia,the similar criminal summary procedure and process of fast path.This comparison can be used to analyze the problems that need to be paid attention to in improving the protection of the defendant's right.On this basis,this paper analyzes the theoretical value of protecting the rights of defendants in absentia trial.Whether it is procedural justice,theory of human rights guarantees,or the requirements of procedural efficiency and judicial authority.The rights of the accused in default must be guaranteed.Secondly,this paper analyzes the present situation of the criminal trial in default procedure in our country,and then through the system design of the protection of the rights of the defendant in the civil law system,the common law system and the related system in Hong Kong,Macao and Taiwan,analyzes that the protection of the rights of the defendant in the criminal absentee trial procedure in our country still needs to be improved,such as the content of the defendant's right to know,the right to dissent and the right to defense and so on;Finally,from two aspects,this paper expounds the way to perfect the protection of the rights of the defendant in criminal trial in default in our country,that is,in the context of acceptable trial in absentia and unconsented trial in absentia,to put forward some ways to solve the problems on the specific types of cases,such as ensuring the voluntary nature of the defendant's "absence" in the agreed trial in default,defining the applicable conditionsfor the accused to be ill in default,standardizing the exercise of the right of dissent,especially the way and duration of the exercise,and the consequences of the exercise,and so on.Through the analysis and research on the protection of the rights of the accused in criminal trial in default,to probe into more possibilities in theory,and can also provide some effective suggestions or problems that should be paid attention to in the later judicial practice.