The Research On Lawyer’s Effective Defense In The Criminal Absence Trial Procedure In China

China’s Criminal Procedure Law revised in 2018 stipulates the criminal trial by default procedure,which provides a legal basis for anti-corruption and international recovery of stolen goods.It is of great significance for timely solving criminal disputes,improving litigation efficiency and ensuring judicial justice.Different from the trial in person,the trial in absentia is conducted when the defendant does not attend the court.Therefore,how to protect the litigation rights of the defendant who is absent and how to protect the defense of the trial lawyer to play a substantive role is particularly important.Although my country’s Criminal Procedure Law grants defendants in absentee trials the right to appoint a defender and obtain legal aid for defense,how to ensure the effectiveness of the defense is still an objective problem facing legislation.The purpose of the research in this thesis is to propose countermeasures for the realization of effective defense of lawyers in absentee trials in our country.This article is divided into four parts:The first part:the general legal theory of lawyers’ effective defense in absentee trial proceedings.Explain the connotation and significance of the trial procedure by default,the meaning and standard of effective defense,and explain the value of the lawyer’s effective defense in the criminal trial procedure by default.The second part:the investigation of the lawyer’s effective defense system in absentee trial proceedings outside the territory.The article focuses on the legal provisions of the effective defense of lawyers in criminal default proceedings in foreign countries such as the United Kingdom,the United States,Germany,and France.Through comparative analysis,it points out the reference significance of the effective defense system of lawyers in the criminal default proceedings in foreign countries.The third part:the practical obstacles to the effective defense of lawyers in the criminal trial by default in our country.It is believed that the overall quality of court lawyers is low,and the lawyers’ right to meet criminal suspect,investigate and collect evidence,cross-examination and the right to look at the papers at the investigation stage are not fully protected,which are the practical factors restricting the effective defense of lawyers in the criminal default proceedings in our country.This part also explains the special dilemma faced by the designated defense.The fourth part:the legislative perfection of the lawyer’s effective defense system in the criminal trial by default in our country.In view of the restrictive factors of lawyers’effective defense in criminal default trial procedure in China,this paper puts forward specific countermeasures for lawyers’ effective defense system in criminal default trial procedure from five aspects:improving the access standard of lawyers in court in criminal default trial procedure,effectively protecting lawyers’ right of meeting,right of investigation and evidence collection,right of cross examination and right of reading in investigation stage.