Direct Principle Study

The principle of directness is produced in order to overcome the disadvantages of the traditional circumstantial trial. It is a basic principle of the criminal trial. The principle of directness refers to the making of the court decisions must not only be based on a direct contact between the judges and the parties, as well as the witnesses and other participants, but also be based on a direct review of all the evidence by the judge. The making of the judgement must not be influenced by any other party outside the court. To achieve the requirements of this principle, we should also ensure the trial judge and the judge is consistent, namely the judge should have the power of reviewing evidence and making decisions at the same time. In order to solve the problem of the trial becoming a mere formality in our country, we should implement the principle of directness as soon as possible. To completely change "the Record Center Doctrine" and realize the principle of directness, we should first abolish the dossier deportation system, and establish the Charge-Statement-Only Doctrine. Meanwhile, the Evidence Demonstration System and the Charge Statement Only Doctrine supplement each other. To prevent the prognosis of the judges, prosecutors have to transfer the legal content of the complaint. At the same time, in order to make the defendents aware of the prosecutors’evidence and information, the prosecuting apparatus will also have the obligation to show their evidence to the defendents. Build up the right to be confronted with the witnesses against him in our country. On the one hand, we should make the defendants have better weapons to claim their rights. On the other hand,we should also spur the public to set up such an idea:the one who knows about the case atteding to the court is not only for realizing the justice, but also for protecting the human rights. Refering to the System of Police Serving as a Witness at Court in the United States, we should further perfect the investigators testifying system in our country. Remove the 190th regulation of the criminal procedure law, and formally establish the hearsay rule. The replacement of judges without justifiable reasons and the discontinuance of legal proceeding can be the reason for appeal or protest, and can also be the reason to apply for a retrial. While completely cancelling th case examination and approval system, we should change the administrative hierarchy in the judicial system. It’s the basic way to achieve the judicial independence. Perfect the trial class system of our country, and distinguish the difference between first instance and second instance. Achieve the system of the court of second instance being the court of last instance. The existence of the judicial committee as a form of judicial organization is already a major violation of the principle of directness. Therefore, the loss of the jurisdiction of the judicial committee to make judicial decisions is an inevitable trend. with the continuous progress of the reform, the right to "discuss and decide" of the judicial committee will eventually become relics. Promote the unified management reform of the court officials and the court’s financial system under the provincial level. Promote the professionalization and specialization of judges.