Research On Defendant’s Rights Protection In Default Trial

On January 17,2022,the public judgment of the "Cheng Sanchang case" made the trial procedure in absentia applied to judicial practice for the first time.The trial process was thus activated.It is precisely because of this that the trial procedure in absentia has once again aroused the attention of the industry and the outside world.Given the process of adding absentia testing procedures,the main reason is that at this stage there are dozens of corrupters in China who have been abscode outside.At the same time,it is possible to gradually normalize high-pressure anti-corruption activities in the country.To get rid of this system,there is an urgent need for a system that can effectively solve the problems of corrupt people who refuse to go abroad.The addition of court proceedings in Absentia can not only suppress corrupters who have been abscessed abroad,but also help the judiciary correct the relevant evidence in a timely manner,increasing the effectiveness of litigation.The defendant may also avoid some form of unsolved proceedings because he or she has not been brought to justice.However,the application of this procedure will result in the non-confrontation situation where the defendant cannot attend the trial,the prosecution and the defense cannot achieve true equal confrontation,and the legal rights of the defendant are likely to be violated.It is essential to strengthen the protection of the right of those who are convicted when using a malfunctioning process by protecting the rights of the defendant.We need to be aware of the legitimacy and logic of the absence of work.The standard trial procedure in China’s Criminal Procedure Law contains many provisions to protect the rights of the accused.,hoping to maximize the balance between prosecution and defence and to compensate for the adverse impact of defendants’ absence in absentee trials.The defendant’s right to a defendant shall be exercised in the status of a trial,the defendant’s right to defend and his right to appeal and contest,and the right to defend the property of the defendant.Although the protection of defendants’ rights is provided for by Criminal Procedure Law,the Provisions of the Act are often vague and general,and there are even many problems with the possibility of practical activities.For example,in terms of the protection of the defendant’s right to know,the method of delivery by the judiciary and the standards for the defendant’s knowledge are vague;there are no restrictive regulations on the exercise,which is very likely to produce negative effects such as abuse of rights;there are also issues such as the vague definition of the scope of property in terms of protection of the accused’s property rights.So,as per this situation,this article starts from the basic concept of the default trial procedure,analyzes the underlying logic of the problems in the procedure,and then in the article on the protection of defendants’ rights in the application of the procedure in our country.Specific problems that may exist in the application,and then analyze the specific reasons that may cause these problems,and then The more primitive infrared processors cut through the ground,put forward suggestions for solving the problem and improve the concept of the default trial procedure,in order to expect the default trial procedure in the use process In this way,the organic combination of punishing crimes and protecting human rights can be achieved.