A Study On The Defendant’s Litigation Rights In Criminal Default Trial

On October 26,2018,China adopted amendments to the Criminal Procedure Law of the People’s Republic of China.The revised fifth amendment establishes a system of criminal trial in absentia and stipulates the litigation rights of defendants in criminal trial in absentia.Subsequently,the Supreme People’s Procuratorate revised the Criminal Procedure Rules of the People’s Procuratorate in December 2019 and the Supreme People’s Court implemented the Interpretation of the Supreme People’s Court on the Application of the Criminal Procedure Law of the People’s Republic of China in March 2021,which made more detailed provisions on the litigation rights of defendants in criminal absentia trials.In spite of this,because of the "congenital defect" of criminal default trial,there are many problems in the litigation rights of the defendant in the trial.Therefore,based on the basic situation of the litigation rights of the defendant in the criminal default trial,this paper analyzes and studies the problems of the litigation rights of the defendant in the default trial,and puts forward some improvement suggestions to promote the improvement of the litigation rights of the defendant in the criminal default trial.Apart from the introduction,this paper is divided into four chapters:The first chapter is an overview of the litigation rights of the accused in the criminal trial by default.This chapter contains two parts.Part one states the concept and characteristics of the criminal default trial,and expounds the scope of applicable cases in our criminal default trial,and points out the significance of the existence of the criminal default trial.The second part analyzes the value of the litigation rights of the defendant in the criminal trial by default.The second chapter studies the existing problems of the litigation rights of the accused in the criminal trial by default.There are mainly: the guarantee of the right to know is insufficient;The exercise of the right to defence is impaired;The right of appeal is defective;The provision of the right to dissent is more general;The regulation of litigation rights in cases of "disease type" and "death type" trial in absentia is weak.These problems may lead to the weakening of the litigation rights of the defendant in criminal absentia and the imbalance of the strength of both sides.The third chapter investigates and analyzes the litigation rights of the accused in criminal default trials in foreign countries,and provides some ideas for the improvement and perfection of the litigation rights of the accused in criminal default trials,such as: ensure that the defendant is actually aware of the court information;Specify the remedy rights of the defendant.The fourth chapter is the perfect conception of the litigation rights of the accused in the criminal trial by default.In view of the problems put forward in chapter 2 and the overseas investigation in chapter 3,based on the actual situation of our country,some suggestions are put forward to perfect the litigation rights of the defendant in criminal default trial in our country: standardizing the protection measures of the right to know;Ensuring the effective exercise of the right to defence;Optimize the right of appeal;Refining the relevant provisions of the right to dissent;To perfect the litigation rights of "disease type" and "death type" cases in absentia trial,and solve the dilemma of the defendant’s litigation rights in criminal absentia trial from diversified perspectives.