On The Principle Of Directness And Verbalism In Criminal Procedure

The principle of directness and verbalism is the basic principle of modern criminal proceeding. The principle is the one which involves the judges in the proof review, debate hearing and processing with the litigants' direct-words in the court. The principle of directness and verbalism is the combination of the principle of directness and the principle of verbalism,in which the former emphasizes the direct experience of judges as well as original evidence,while the latter stresses verbal form in the trial.Both of the two principles require all the parties should appear in court,and the judgment of judges should base on court investigation and debate.As the development of democracy and human rights,the principle of directness and verbalism is established in civil law countries at large.With its crucial procedural value,the principle of directness and verbalism will promote reality truthfulness,process just and procedural efficiency. The principle has been in most countries established by criminal legislation or jurisprudence, and gotten the recognition of special value and significance.In China's criminal law, the principle is mainly scattered in the Code of Criminal Procedure and other relevant laws and mainly embodied in the establishment of a preliminary cross- examination of rules and the mode of hearing the trial. But in China's criminal procedure the principle of is still imperfect, the existing provisions have not been truly implemented. The existing problems of the Code of Criminal Procedure established by the rules are very essential to the successful operation, which might be significant to the actual results of trial reform.Hollowing out of the performance of the principle of in the judicial practice is a blatant case. This paper introduced the principle which is the basis of criminal proceedings, sorted out the value, focused on the analysis of the problem in criminal implementing the principle and how to establish this principle in our country .We must improve the system of criminal evidence, which requires witnesses to testify in court mandatorily, restrict the court to investigate and improve the collection of evidence, and strengthen cross-examination to improve certification and so on. Then,corresponding provisions should be perfected for the realization of the principle,such as the disclosure of evidence before trial,the appearance of testifiers in court,the reform of trial committee and the reform of the appointment of judges,etc.