Knowledge Deconstruction and Reform of Defendant's Right of Dissent in Criminal Trial by Defaul

In order to promote the smooth progress of national anti-corruption legislation and international recovery of stolen goods,the Criminal Procedure Law of 2018 added a criminal trial by default system. In order to make up for the defects of criminal trial by default system,it is necessary to give the defendant the right of dissent relief mechanism. The defendant's right of objection stipulated in the Criminal Procedure Law of China,one is that the specific provisions of the legislation on the defendant's right of dissent cause its actual function to be unable to play reasonably; the other is that it is excessively absolute and unlimited,the defendant can raise dissent without any reason,and it can achieve the result of overthrowing the lack of trial; the third is that the specific content of the exercise of the right of dissent is not clear,which leads to the ambiguity of judicial application. This will not only make the value of the criminal trial by default system questionable and impact on the judicial authority of China,but also hinder the smooth progress of the anti-corruption recovery work of the Party Central Committee. Therefore,the defendant's right of dissent should be effectively limited and judicial refinement should be made,the conditions,time,specific ways of exercising and related supporting systems should be clarified,so as to provide assistance for the effective application of the criminal trial by default system.