Study On The Protection Of Defendants’ Rights In Absentia Trial Of "Flight Type"

The system of trial by default has been established in China’s civil and administrative law,and was added in the newly revised Criminal Procedure Law in2018.Since then,the system of trial by default in China’s three major procedural law fields has been perfected.Compared with bench trial,it is necessary to establish criminal trial in absentia.However,as a new system,there are still disputes in the system design,understanding and application,and the basic litigation rights of the defendant may be infringed in practice.Criminal absence trial should face up to the reality and deficiency of defendant absence.Based on China’s anti-corruption pursuit as the background,in absentia "flight" as the research focus of protecting defendants’ rights,adhere to the "pay equal attention to fighting crime and protecting human rights" of value pursuit,pay attention to the degree of cohesion and cross-border pursuit recover stolen money or goods,strive to build and perfect the flight personnel’s right to know,right,right of appeal rights as the main content and dissent security system.At the beginning of this paper,the connotation of criminal trial in absentia and the protection of defendants’ rights is introduced,and the significance of improving the protection system of defendants’ rights in absentia trial is pointed out,which lays a theoretical foundation for the study of this paper.Through the in-depth analysis of the problems existing in the protection of the rights of the "absence-type" defendants in Our country,we dialectically look at scholars’ intellectual disputes over some legislative provisions in the process of studying the protection of the rights of the defendants who fled.On this basis,further combined with the reality of Our country,to explore our country’s "absence-type" defendants’ rights protection system to improve the train of thought.First,it is suggested to refine the content of the articles by improving the legislative provisions so as to make them more feasible in practice.For example,it is suggested to perfect the service system of documents to protect the right to know of fugitives,to regulate the designated defense to realize the purpose of effective defense,and to reasonably limit the right of appeal and the right of objection so that the defendant can refer to it when applying for right relief.Second,we will improve the mechanism for protecting rights within the existing framework.Mainly through mutual cooperation and cooperation of judicial organs,fully mobilize the enthusiasm of various organs,and strive to guarantee the rights of fugitives into practice.In this way,it is conducive to the realization of the legal effect of "absence" of the defendant but "not absence of rights" in the "fugitive" corruption cases in China,and better connect with the anti-corruption and fugitive pursuit work in China.