Research On The Issue Of Criminal Trial Object

Trial object is a must of any kind of criminal trial. It is the subject matter for the prosecutor and the accused to debate with and for the judge to make the judgment, and also the pillar of criminal procedure. Not only is it related to the issue of trial, but is also bound up with the prosecutor, the accused and the judge in the context of criminal procedure law. All criminal proceedings are arranged around the central theme — trial object. Legal actions of all parties, including the prosecutor, the accused and the judge, should base on the same subject matter; otherwise the lawsuit could not proceed in regular order. Not only does criminal trial object guide the process of criminal procedure, but also regulates the structure of it. To some extent, reasonable relationships among the prosecutor, the accused and the judge are mainly established by the operation of trial object. The classical formulation, saying "division of prosecution and judgment, equality of prosecution and defense, neutrality of judgment", in essence contains the idea that the structure and process of criminal procedure should be as follows: the prosecutor should bring a suit against the accused and demonstrate the trial object, then the prosecutor and the accused should debate with the trial object equally, and finally the judge should conduct the trial neutrally based on the trial object.In criminal procedure law, the basic function of trial object is to confine government powers and to protect civil rights. The prosecutor should state the accused matters clearly when bringing a lawsuit, which would be the base for the prosecutor and the accused to debate with after the judicial procedure is mou(?)...