The Research Of Criminal Procedural Principle Of Directness And Verbalism

The principle of Directness and Verbalism is a basic principle of the Civil Law System country's trial program, which including principle of directness and principle of verbalism. The direct expression principle is base on the dialectic materialism and protection of party's right.It is important for promoting reality truthfulness and processing just. The principle of Directness and Verbalism has been established in many legal system developed countries. The Civil Law System countries such as Germany, France have established this principle. The Common Law System countries like British and America who even do not establish this principle also express the spirit of principle by series of rules.In our country, although the spirit of the principle has been expressed by some clauses, the principle has not been clear identified and some law even opposites this principle. Meanwhile in the legal practices of our country, the principle of Directness and Verbalism does not really actualize.Therefore, this article starts with the meaning of the principle of Directness and Verbalism, the requirements, theories base and litigation values of Directness and Verbalism are discussed in detail, digits the spirit of this principle and expatiates the history and status of the principle of Directness and Verbalism, and researches the two main law system representation countries'related rules.The target of this article can be "A stone from other hills may serve to polish the jade of this one."The article faces the questions exists in our country's legal practices,and gives the lawmaking suggestions of building the principle of directness and verbalism in China base on our country's situation:The principle of Directness and Verbalism are stipulated during the trial programs.Presence of the prosecution and the defense Principle should be indicated in the law clearly. The China-characterized trial committee should be abolished as same time as strengthening the function of the court. The pre-check processing need to be consummated and cancelled the court-after files deportation. The continual inquisition system should be build up. The witness system and the judge system should be preferred.