A Tentative Approach To The System Of Pronouncement Of Criminal Judgment In Court

Pronouncement of criminal judgment in court is an important part of criminal judgment procedure and the best representation form of judgment, however, it does not get enough attention within theoretical circles, and because of the guidance of the Supreme People's Court in practice, local court continue improving the rate of criminal pronouncement of judgment in court, some even got one hundred percent.According to the author's deep analysis, criminal judgment in court regulation does have the effect to improve lawsuit rate, reveal jurisdiction and achieve process justice. However, considering our country's present situation, some court does not achieve the principle of central assignment and the principle of direct and verbal trial, moreover, the independence of judge doesn't strong enough, these can't make the pronouncement of criminal judgment in court get really implement and the so called high judgment in court rate is only superficial phenomena. So the author chose this part as research direction to tell the truth of the regulation of criminal judgment in court.Thesis is divided into four parts.The first part is to clarify the basic theory of pronouncement of criminal judgment in court. At first, the essay will clarify what is pronouncement of criminal judgment in court regulation, and this would make a comparative analysis between criminal court judgment pronouncement and dated pronouncement, which will also make a brief introduction of its historical development at home and abroad. Secondly, the essay will discuss the four basic court theory of criminal judgment in court as the key, these are the principle of central assignment, principle of direct and verbal trial, principle of timely trial and principle of procedural justice.The second part will introduce the presentation of civil law system and common law system. In common law system, generally, if a case doesn't hear by the jury, it will be called to pronouncement in court, the other way round, because of the separation of the conviction and sentence, court would take trial and this coursed another trial. Properly, conviction is judge in court pronouncement and sentence is dated pronouncement. For the felony case and light criminal case, civil law criminal trial has prescribed strict judgment in court pronouncement, for other similar case, dated pronouncement has also been made in exception case and strict sentence time has been made, too.The third part is to analyze the implement situation of our judgment in court pronouncement system, and make a deep analysis on all kinds if its obstructions within implementation. The implement situation of our judgment in court pronouncement system isn't optimism even metamorphosed. It can be showed from the great differences among local courts. In order to pursue high criminal pronouncement of judgment in court rate, many courts even hold a court to sentence, sentence before hear, read before hear or even hold one-off sentence courts many times. With the center of court records, the lack of concentrated cognizance principle of cognizance mode and faultiness of match system has blocked the implement of judgment in court pronouncement system.The forth part will conceive the judgment in court pronouncement system under our present situation. In legislation, we should make out more detailed prescript for it, and definitude that judgment in court pronouncement should be the point and the trial time should also be determined, high judgment in court rate should not be pursued blindness. Within court we should carry out centralized trial principle, pursue the essentialism of court trial and make efforts to break away the case record centralism and liberate the court judge. Preparative process before court should be developed, spurring cases distribution, trying to achieve separation between conviction and sentence under special condition and making it come true efficiently.The essay is to make a full and accurate explain on the whole criminal judgment in court pronouncement system, at the same time, with a view to the whole criminal judgment in court system. It aims to initiate more rational thought to offer more comprehensive reference for academe to do the research.