The Concentrated Nature Of The Criminal Trial

The concentration of criminal justice means that trial should go on without break in principle, even for the case which needs trying for 2 days or more, except holidays and special circumstance during that time. This trial principle is followed in both legal system, although difference exists between two legal system, Anglo-American Legal system implements" one-time trial" by jury , Continental Law Legal system carries out the pinciple of " concentrated trial". Furthermore, in recent years, Taiwan and Japan regards it as whether " promotion of the concentration of criminal justice " one important resolution of justice reform. It is obvious that the concentration of criminal justice is development trend in the world. In our country, the concentration of criminal justice has not been stipulated in legislation, it is of common occurrence to be contrary to the concentration of criminal justice in the judicial practice, which undoubtedly affects the beneficial result of the criminal judicial procedure , and does not accord with the general rule of international criminal procedure. Therefore, after carrying on research in the basic problem of the concentration of criminal justice, this dissertation have put forward the idea of the concentration of criminal justice in our country. The dissertation is divided into the preface and text ,and the text has three chapters, about 50,000 words.Chapter one of this dissertation is the study of the basic problem of the concentration of criminal justice. In this chapter, first of all, on the basis of the theory of the intension of the concentration of criminal justice, this dissertaton has proposed the definition of the concentration of criminal justice, and has expounded its concrete request Secondly, this dissertation has expounded the mode of the concentration of criminal justice of two lagal system , and separately named it "one-time trial " and " concentrated trial ", and thencompared the two modes in the respects of forming reason, lawsuit value layed particular emphasis on, regulation of the consequence and the effect on the procedure and evidence system-Finally, on the basis of definiton of the concentration of criminal justice and comparison between the modes of two legal system ,this dissertation have proved the proper foundation and lawsuit value of the concentration of criminal justice.Chapter two of this dissertation has probed into the introspection on the subject of the concentration of criminal justice in our country. In this chapter, first of all, this dissertation has explained the question that the concentration of criminal justice is always violated in the legislation and justice practice and pointed out its negative effect: Firstly, the authority of the administration of justice is lowered, secondly, the realization of lawsuit value has been suppressed. Secondly, this dissertation has proved the necessity and feasibility of the estalishment of the concentration of criminal justice in our country, the necessity has been expounded in the respect of the relationship between the concentration of criminal justice and the principle of direct and verbal trial, discretional evalation of evidence, open trial and economic lawsuit, and on the basis of the estalishment of the trial mode of accusatory-adversary proceeding and the embodiment of the principle of the principle of direct and verbal trial in our country, the concentration of criminal justice can be established. Finally, this dissertation has pointed out that the principle of direct and verbal trial and exculding prejudgement should be established in order to establish the concentration of criminal justice , and explained that the mode of " concentrated tryial" should be implemented according to the trial mode of and the trial system.Chapter three of this dissertation is mainly a concrete idea of the concentrated trial mode of our country. In this chapter , first of all ,this dissertation have proposed that the principle of the concentration of criminaljustice should be stipulated in the criminal procedure law in our country and its concrete content be perfected, including the principle of judge unalternative, concentration of time, concentration of evidence investigation procedure ,the system of judgment pronounced in court , and the consequence of the violation of the principle. Secondly, this dissertation have expounded the security mechanism of the concentration of criminal justice, this means mainly the perfection of pretrial preparation procedure and other relevant systems. Finally , this dissertation has explained the exception of the concentration of criminal justice, namely the deferment of trial,should be detailedly stipulated, and not only the legal origin of an incident of the deferment of trial but also the related mechanism of the deferment of trial ,namely the system of update on the judicial procedure, should be detailedly stipulated.