Research On The Reformation Of Trial Model Of Criminal Procedure Of The First Instance

The reform of the trial model of the procedure of the first instance is the base of the reform of the whole criminal action. From Mid-1980s, our country develops profoundly in the aspect of the reform of criminal trial model. Absorb initially choice of value of procedural justice, the structure of neutral judgment of a judge comes into being initially, the power of collegial bench is strengthened, adverse of a trial is strengthened, efficiency of a trial is raised. There are defects in the specific contents and ways, the reform of trial model of the procedure of the first instance. Whether choice of value or reform mechanism, which affects further development of the reform of trial model of the procedure of the first instance. The author studies relative fruits and takes them for reference, and analyzes current situations of the reform of trial model of the procedure of the first instance relating to judicial practice, and evaluates objectively and rethinks. On the base, the author puts forward the general idea of trial reform of the procedure of the first instance. The author puts forward choice of values of the procedure and the substance being the same important about choice of values of reforms. The author thinks that we should insist from the height to the lowness and reform trial model after reforming the whole judicial mechanism about orientation of ways and orders of reforms. The author proves necessity ofestablishing mechanism of trial being central, of proceeding doctrine of only a bill and the system of evidence disclosure and of establishment of evidence rules and so on. There are still several important problems involved in the reform of trial model. First is the theory and practice of the system of evidence disclosure, second, is about the reform of the summary procedure, third is false district and correction of summarization of the common procedure. The author interprets these problems theoretically in details and puts forward some ideas and opinions of their own. I hope it is beneficial to the theoretical study and the judicial practice of the trial reform of the criminal procedure of the first instance.