The Research On Attestation Of Criminal Trial

The attestation of criminal trial is this kind of activity in which the judges check and judge the evidence that is obtained or accumulated by the accused and the prosecutor, quoted and made counterview through court cognizance, then, identify the evidence competence and eficiency during the process of criminal trail. The attestation of criminal trial is of great practical significance that not only can carry out public trial, limit discretionary power of judges, norm the admissibility of evidence, enhance the rationality of adjudicative document, but also can reduce unnecessary appeals, ultimately promote justice of criminal judiciary. The activity of judge's attestation of criminal trial should strictly adhere to the the following principles: judicial adjudication, open trial, fair trial and free evaluation of evidence.The valu of criminal trial procedure can be divided into two basic levels: one is the external value of the procedure (the value of substantive justice), the other is the intrinsic value of the procedure (the value of procedural justice). In addition, criminal trial design and operation procedures also need to meet the requirements of economic efficiency, that is, the value of effective action. The procedure of criminal trial certification as an important link in a matter of course should be consistent with the pursuit of these values, that is, to be followed in the following values: the value of substantive justice, procedural justice, the value and effectiveness of the value of litigation.There is no written evidence rules to guide judges'attestation of criminal trial, so there are many kinds of attestation mode in practise. From a historical point of view, states today there are only two basic attestation modes: one is legal attestation, the other is free attestation. From the operational point of view, there are also two basic modes: court attestation and referee attestation. Whatever court attestation or Referee attestation have not reached an ideal state. There are many reasons for this: both attestation system and the related system are not perfect.In the light of the prior research on criminal trial certification, the imagination about attestation of criminal trial system in our country is explained. Firstly, establish a "two-track-style" attestation mode. It is a especial mode of mainly giving priority to legal attestation, assisted by free attestation, and of mainly giving priority to court attestation, assisted by referee attestation. Secondly, constitute criminal law according to the nature of procedure will meet zhe requirements of our circumstances. For instance, the exclusive rules of illegal evidences,rules against inducible queries,the hearsay rules , and correlation rules, reinforcement rules. Finally, improve the supporting systems of attestation of criminal trial, such as the rules of evidence disclosure, the rules of allotment of the burden, the rules of cross-examination, to provide guarantee to criminal trial for the smooth conduct of attestation mechanism.