| With the addition of an independent chapter of "trial by default" in the criminal procedure law and the newly revised interpretation of the Supreme People’s Court on the application of the criminal procedure law of the people’s Republic of China by the Supreme Court in 2021(hereinafter referred to as the new criminal procedure interpretation).China’s criminal trial by default system has been gradually improved from establishment to perfection,creating an atmosphere of giving consideration to justice and efficiency.However,in terms of the protection of the defendant’s rights,there are still deficiencies in China’s criminal trial by default system,and there is still room for improvement.The emergence of the new criminal procedure system will inevitably bring many aspects that need to be improved,and the provisions on the protection of the defendant’s rights in the chapter of trial by default in China’s criminal procedure law are not complete.Whether from the perspective of academic research or judicial practice,it is necessary to conduct in-depth Research on the defendant’s rights in the criminal trial by default system.Therefore,the core problem of this paper is that the provisions of China’s criminal procedure law and relevant judicial interpretations on the trial procedure in absentia are not complete,and there is little special protection for the defendant in absentia.With the establishment of China’s criminal procedure system,how can the defendant’s rights be protected to the greatest extent and provide relief.This paper is divided into four chapters.The main content of the first chapter is the overall institutional understanding of China’s criminal trial by default procedure.By analyzing the relevant legal provisions of the current criminal procedure law and combined with China’s judicial practice,this paper defines the basic concept of criminal trial by default,summarizes the differences between different types of criminal trial by default,and analyzes the characteristics of the system different from ordinary procedure.Understand and analyze the necessity of the protection of the rights of the defendant in criminal absentia,and clarify the current situation of the legislative and judicial protection of the four rights of the defendant in criminal absentia trial in China.The second chapter analyzes in detail the protection dilemma of the defendant’s rights in criminal absence cases in China from four aspects: the right to know,the right to defense,the right to appeal and the right to objection.The third chapter starts with the four basic rights of the defendant in criminal trial by default,combs the legislation and judicial practice of foreign countries,and analyzes the Enlightenment of various countries on the protection of the defendant’s rights in criminal trial by default,in order to provide reference experience for the protection of the defendant’s rights in criminal trial by default in our country.The fourth chapter is aimed at the relevant problems obtained from the analysis of the defendant’s right dilemma in the second chapter,draws lessons from foreign practical experience,and puts forward feasible suggestions and schemes in combination with China’s legal provisions and actual national conditions.In short,this paper aims to analyze some defects in the legislative design and judicial application of the newly established trial by default system under the sweeping tide of anti-corruption throughout the country,and put forward some opinions in combination with foreign experience and the current judicial situation in China,in order to contribute to the research and improvement of the system. |
