On The Center Of Criminal Trial And Its System Construction

Calls for reform of the criminal justice system in the judicial field of our country has never ceased. With the recent exposures of a series of judicial tragedy, such as Hugejiletu case, Nie Shubin case, Zhao Zuohai murder case, She Xianglin murder case,Victim resurrection case, and so on, the ills of China’s criminal justice system is more and more obvious:Based on the stage theory of litigation, the allocation of criminal judicial authority is unreasonable, resulting in the lack of constraint of jurisdiction and prosecution in advance.This trial stage which should be the center of the criminal proceedings was built on the stilt by the stage of the investigation, and the court proceeding, which is most important to the judgment become a mere formality.With the convening of the fourth Plenary Session of the 18th CPC Central Committee, judgment centralismin the field of criminal procedureis pushed in the teeth of the storm once again.The decision makers of the judicial reform stand on the top of the top design and put forward the proposition of "promoting the reform of the litigation system centered on trial",and it is the right time to give the trial center doctrine with the path effect and the traction force.The first chapter of this thesis starts from the connotation of the judgment centralism in criminal trial, and through making a comparative analysis between the concepts of the judgment centralism with tribunal judicial centralism and other related concepts to clarify the connotation and extension of the judgment centralism, and then discusses what the ideal criminal justice system ought to be.lt is that the criminal procedure should be based on the trial as the center section, and we should realizing the substantiation of court trial, and then analyzes its legal basis and practical significance.The second chapter mainly analyzes the present situation of our country’s criminal procedure system, and makes a detailed exposition of the performances of the present litigation mode and the ills existed in the criminal trial.It mainly displays in two aspects. Firstly, the practice of criminal procedure generally pursues the investigative centralism, which makes it impossible for trial stage to play a decisive role in the formation of the judicial decision. The formation of judge’s free evaluation of the evidence is affected by the investigative organization and office of the public prosecutor,and even the justice of the result would be affected. Secondly, the court proceeding pursues the file centralism, and the pretrial conference program deals with the substantive problem of cases instead of court trial program. It seems the collegiate bench becomes useless, and the court trial performs perfunctorily.In view of the ills of the criminal procedure system, the third chapter of this thesis tries to put forward the solution to the reasonable construction of the criminal procedure system in several aspects as following.First is to achieve the transformation of the relationship from the linear structure to the triangular structure. Second the pretrial conference should avoid carrying on the substantial review.The third is to carry out the principle of directness and verbalism.The forthpart is to substantialize the trial content.It is visible that to realize the judgment centralism is to pull one round to move the whole body. The substantive reform measures should be promoted on the basis of the further deepening of the theories. It needs the corresponding matching system as coordination. Limited to the author’s energy and the length of the thesis, not every aspect can be taken into account. Therefore, this thesis mainly discusses the predicament in realizing the judgment centralism in our country, and further induces the specific measures to improve the criminal justice system.Certainly, reform cannot be accomplished at one stroke and should be gradually advanced. It needs to be phased on the basis of a clear direction to construct a more scientific criminal justice system and achieve the goal of maintaining judicial justice.