Study On The System Of Criminal Trial By Default In China

In October 2018,China’s criminal procedure law added the trial procedure in absentia,which is the result of the CPC central committee’s efforts to fight corruption and attach importance to international efforts to track down fugitives and recover stolen assets,as well as the relevant legal system.Due to the fact that the criminal default trial procedure has to some extent broken the principle of criminal procedure participation,it is an exception that the defendant should be present at the trial as a special procedure.In view of this,it is necessary to strictly limit the application scope and conditions of criminal default trial.One of the highlights of this new procedure is the provision on the protection of the rights of criminal suspects and defendants,from the service procedure and defense to the granting of their close relatives the right of independent appeal,to the right to dissent provisions,everywhere reflects China’s attention to the protection of human rights.To establish the system of absentia of countries in the world there are many,the Anglo-American law system and continental law system countries in absentia applicable scope and the provisions of the protection of the rights have a lot of difference,because our country has just set up this system,and with no experience in many traditional can be absorbed,so that we can draw lessons from other countries the excellent system to constantly adjust the perfect.Based on the existing legal provisions,this paper analyzes the applicable scope,applicable conditions and relevant supporting systems of the program from the perspective of the concept and characteristics of the trial in absentia in combination with the academic research on the trial procedure in absentia.To clarify the shortcomings of the existing provisions,such as the narrow scope of application,unreasonable rights protection and other problems,and seriously study the causes of these problems,and put forward countermeasures.