A Study On The "Conflict Of Proceedings" In Criminal Trial

In recent years, the phenomena of conflicts between judges and lawyers in criminal trials suddenly appear. In practical and academic fields they are called “the conflict between judges and defenders”. It is characterized by the facts that the defenders sufficiently exert the procedural rights to accomplish the defense aims and the judges passively or casually react to the demands from defenders; the defenders react swiftly and violently, the wrangle of two sides in the court is bitter; some defenders have been deprived of the defense rights and admonished, expelled or detained by the courts; some defenders protest with an artistic performance or the propaganda of media.Firstly, on the basis of full study of “the conflict between judges and defenders” cases, this article, using the related knowledge concerning the jurisprudence, philosophy, ethics, history and sociology, applying the methods such as comparative analysis, logical analysis and the empirical study, elaborates the causes of “the conflict between judges and defenders” in terms of idea, technology and institution. Generally speaking, the causes by idea include: the lack of mutual recognition and common legal belief between two sides, the impact of traditional idea of regarding substantiality and depreciating procedure. The causes by technology include the ineffectiveness of communication channel between two sides. The causes by institution include the lack of the judge’s right to independently exercise judicial power, the difference of rank between two sides, the severe limit of defenders’ rights, the gradual improvement of defenders’ sense of rights, the phenomena of procedural illegal actions by public power and the drawbacks of current law regulation.Secondly, this article explores the value risk in“the conflict between judges and defenders”and elaborates its affect to the justice value, order value, human rights guarantee value, efficiency value and judicial credibility, in order to reveal the damage and abuses of “the conflict between judges and defenders”.Finally, this article, by rethinking the ought structure of the relations between judges and defenders in criminal trials, that is, the position and mutual relations between the judges and defenders in judicial proceeding under the ought state, offers measurements for establishing harmonious relations between judges and defenders in criminal trials in terms of idea, technology and institution. The measurements by idea include the creation of the idea of mutual respect and help, the improvements of the professional ethics for judges and lawyers and the establishment of common legal belief. The measurements by technology include the setup of a more permanent communication mechanism between prosecutors, defenders and judges, and improve the judges’ ability to control the trial. The measurements by institution include the guarantee of the independence of judges, the protection of lawyers’ legitimate rights, the foundation of the sanction mechanism for procedural illegal actions and the regulation on the spreading of information in the fields of public opinion.