Study On Democratic Characters Of The Criminal Trial

The essence of democracy is a right rather than power, and even excluded from the power. From Ancient Greece, ancient Athens, the "direct democracy" to the modern bourgeois representative democracy, and from bourgeois representative democracy to a modern liberal democracy, the rule of law democracy, the connotation and extension of democracy have been changing. The judicature is stands because of the people, stands for the people, but is not the national rule tool. When criminal trial's process has flooded discontentedly, unfair, not righteousness, even the authority runs amuck but unusual rationality, then very difficult saying that judicature's foundation is reliable, judicature's rationality is dubious, especially in modern society.The present paper is divided two parts, the introduction and four chapters of main body contents.The introduction positively is carrying on the judicial reform based on global various countries' background. It tells us that it is necessary to absorb the criminal trial democracy of the opposite party mutually.The first chapter, in the analysis, the true meaning of democracy is the autonomy, that is the main activity taking part in society to enjoy the right to decide. Then through Western and Chinese history's criminal democracy's seeking the source or origin, and with the criminal trial democracy's confirmation of the contemporary international convention, has highlighted that criminal trial democracy establishment has the historical origin. The democracy has in-depth value to ask and is also the historical development necessity.The second chapter unearths the democracy from criminal trial's each kind of main body.The third chapter discusses the debate on equality and freedom, the burden of proof in a fair and reasonable distribution of the parties to the trial process as well as openness of the criminal trial process.The fourth chapter, the written judgment maker's scientific rationality arranges are not allow to neglect, and the different opinions to a judgment are written in sentences has a longer way to go.