On The Establishment Of The Mode Of Trial With Chinese Characteristics

Each country has its own mode of trial with its characteristics, but it seems that the mode of trial with Chinese characteristics has not been determined in China today. Based on the research of some scholars,through the ways of historical survey and comparative study, the author focuses on two issues: One is to prove theoretically the necessity and possibility of the establishment of the mode of trial with Chinese characteristics; more importantly, the other one is to explore the possible approaches to construct the mode of trial with Chinese characteristics in practice for China today. We will strengthen our conviction of rule of law through the former, and we will obtain relevant actual effects in practice through the latter. This article has four chapters besides the introduction and conclusion with a total number of approximately 60,000 words.The introduction presents the origin of this topic and status quo of Chinese mode of trial. It also analyzed the significance of the establishment of the mode of trial with Chinese characteristics in China today.Chapter one revealed the context of the development of China's trial mode, through the historical survey on the trial mode in the modern history of China. It systematically expounded the content, background and historical evaluation of the Ma-Xiwu trial fashion by the study on the theories of the relevant academics. It summarized the characteristics of the development of China's trial mode and provides a clear outline of the position for the contemporary history of our country's trial mode.Chapter two discussed the difficulties faced by contemporary Chinese justice, specific initiatives of taking up the Ma-Xiwu trial fashion in law courts around the country, and the evaluation of it. The author not only affirmed the historical reasonableness but also revealed the historical limitations. It also focused on the enlightenment of taking up the Ma-Xiwu trial fashion.Chapter three discussed the democratization of the traditional characteristics of trial mode in the common law and civil law countries by the way of comparative study on Western countries. It also discussed the foreign experience about judicial reform and emphasizing public character the of trial mode, and revealed the enlightenment of historical development of western trial.Chapter four proposed the method of constructing our mode of trial with Chinese characteristics. We must ideologically continue to adhere to the procedural, legal, and scientific premise, and draw the positive factors and rational elements of our traditional way and extraterritorial mode of trial. Institutionally, we should enhanced the convenience of the trial and transformation of mediation proceedings. In team building, we also need to strengthen specialization and embody the social and the public character, to establish systems of non-professional judges, and to develop multi-level team.The conclusion reviewed the significance of the establishment of the mode of trial with Chinese characteristics. In response to the introduction, it connects the establishment of the mode of trial with the conviction of rule of law to demonstrate the article's basic standpoint about the establishment of the mode of trial with Chinese characteristics.