| One of the highlights of the 2018 revision of the criminal procedure law of the People’s Republic of China is the addition of the default trial system,which is of great significance to the improvement of the country’s criminal procedure system.The establishment of criminal absentia can make the judicial trial,punishment crime to recover in time,can also be on the flight of the criminal deterrence,at the same time,the absence of the trial system itself also has legitimacy,the guilty will be punished,diversified value pursuit,and to respect the principal position of the lawsuit theoretical basis,the establishment of this system can well solve in the practice of a series of problems such as delay in litigation,the system is at the early stage of establishing some deficiencies still exist on the system,first of all,the absence of trial scope too narrow.Secondly,in terms of the protection of rights,there is no specific provision on the method of service,the provisions on the legal representative authority of the defendant are too broad,and the provisions on the defendant’s exercise of the right to debate are too general.Finally,the use of the right of objection is too arbitrary,which may lead to abuse of rights.The above aspects still need to be improved.In the future,we should take the protection of rights as the core,improve the procedures as the auxiliary,expand the scope of accepting cases in absentia trial,expand multiple service channels to ensure the defendant’s right to know,specify the right of defense to ensure the effective implementation of the right to defense,conditionally use the right of objection to prevent abuse of rights,and limit the rights of agents. |
