On The Reform Of Litigation System Centered On Trial

Under the investigation-centered litigation mode, the station and relation between the three authorities in criminal proceedings has been misplaced, too much power on investigating authorities as well as restriction failure, leading to the violation of Justice both on substantive and procedural. The system of submitting case files to court now in China makes the files a smooth access into the court. Under file-centeredness, the principle of directness and verbalism fails to implement, the function of Court Hearing has been reduces, accusers and accused are at an unequal situation, all of this lead the Court Hearing to play a decisive role and hard to find and redress the mistake that happened in investigation and the prosecution stage, resulting in judicial injustice.The trial-centered reform of the procedural system, through transferring the center from criminal litigation to establishing the center position of trial. The nature of centering on judgment is centering on the judicial judgment standard which is the base of the principle of different responsibilities mutual coordination and mutual restraint. This reform is advantageous for implementing the principle of criminal litigation. Besides, increasing the limitation of investigation authorities, enhancing the quality of prosecution, and ensuring the substantiality of Court Hearing, consummating the system of advocacy and the system of victim protection in order to safeguard judicial justice.Promoting the trial-centered reform of the procedural system, firstly definite the meaning of trial-centeredness from other scholars’ controversial opinions as well as the familiar expression of trial-centeredness. Given the substance of trial-centered procedural system and define the rational relation of different responsibilities mutual coordination and mutual restraint. As well as the standard of the whole criminal proceedings. After the analysis of the necessity and feasibility, putting forward the project of the trial-centered reform of the procedural system which focuses on the problem that the system brings about.As to the propose of the reform specifically, establishing the modern criminal judicial rationality concepts is the first, adjusting the relationship among three authorities and recognizing the function of the three authorities with the high quality and quantity of criminal defense and the well-established principle of direct trail and verbal trail, the principle of evidentiary adjudication, the principle to rule out illegal testimony, the principle of witnesses to testify in court as well as the scientific assess system.