On The Principle Of Separation Between The Accusant And The Judiciary

The principle of separation between the accusant and the judiciary is an important principle of criminal proceedings, China's Criminal Procedure Law and the trial in the control of the application of the principle of the separation, there are still many deficiencies, many in the system is contrary to the principle of separation between the accusant and the judiciary. Improvement of the existing criminal trial principle of separation of control system not only benefits the discovering of the case's truth as soon as possible, the improving case's trial quality, the servicing procedure to be just, the promoting trial way reform's smoothly advanced, but also benefits to safeguard the neutrality of judges to prevent the recourse abuse, and strengthen the functions of the defense and protection of the rights and interests of the purpose of the defendant.This article launches the elaboration from the system of the principle of separation between the accusant and the judiciary at first, expounded some basic questions, discourse upon meaning, resulting in the development of the value of the theoretical foundation and the proceedings, two Legal countries after the Code of Criminal Procedure on trial charged with the embodiment of the principle of the separation analysis, focus from the United States, Britain, France, Germany and other typical country for analysis. Then from the Code of Criminal Procedure in our country the principle of the separation of the control-trial inspection of the status quo analysis, found our country on the principle of the separation-controlled trial the use of inadequate response to questions and learn from foreign advanced system-related recommendations put forward to improve, which do not relate to the divisions ignore the principle of limited review of the principles of the writ system, such as the use of the system and put the protection of human rights concepts, the concept of procedural justice, the separation of powers, such as carrying out one of the theory. Criminal-controlled trial principle of separation of the establishment and improvement of our country are related to the development of a key factor in the Code of Criminal Procedure, is to achieve justice and procedural justice entities an important guarantee.