Defendant 's Right System: China' S Current Situation And Countermeasures

The right to confront is the concept of Anglo-American law system. The right in continental law system is contained in the principle of direct verbal. The due process of lawand fair jurisdiction is its foothold.It can not only guarantee the human rights of the defendant,but also is conducive to break the current “the books record center doctrine" trial mode, build up the "trial center doctrine" trial mode. The author focus on perfecting the system of criminal witness to testify, dialectically analyzes "the books record center doctrine" trial mode, combining with the judicial practice in our country, considering the current situation of judicial resources nervous, based on summary procedure of criminal trial and criminal ordinary procedure puts forward the basic idea of perfecting Chinese defendants to pledge system: the summary procedure is still based on "the books record center doctrine" trial mode, to achieve "Jane simple"; Ordinary procedure is to absorb the civil law principle of direct verbal trial,the defendant has complete right to defend.By building system of selective transfer files material, improving the system of discovery, the witness testimony examination mechanism, cross-examination system, witness to testify supporting system, the judge discretion process of formulating and building a system of infringement of the defendant to the pledgee invalid, perfect the system of pledge right of the defendant, to achieve "complexity from numerous".