Criminal Trial Procedures, A Review

In 1996, China revised the Criminal Procedure Law, made great reform at the aspect of value and concrete litigation system. But after one decade of judicial fulfillment, many congenital shortage with acquired blemishes exposed entirely. This text mainly aims at the key problems existed in the procedure of crime trial, carries on a self-criticism in five fields, i.e. the nominal court trial, the deficiency of the evidence rule,the inappropriate exercise of judicial power, the confusing application of law in a criminal case pertaining supplementary civil litigation and deficit use of simple procedure. On this foundation,the author puts forward his personal views and academic suggestion.Part Ⅰ. Aiming at the problem of the nominal court trial, the author narrataves the course .characteristics and performance of this issue by reviewing the changes from the interrogation type to adversary type in a contrast way. After analysing the two main reason caused the problem, the author puts forward resolving suggestion from three aspect,ie,establishing independent preliminary hearing procedure, canceling the rule of moving the copy of evidence to the court before a trial, practicing a method of one-indictment-for-all and a system of evidence demonstration.Part Ⅱ .The author discusses the existent shortage of current crime evidence rule in our country assisted by a real case, arguments six issues which is difficult to solve ,such as the low presence rate of witness, the perplexity to apply an authenticate conclusion, the difficulty to expel an illegal proof etc. Aiming at the above shortage, the author puts forward relevant suggestion to perfect our evidence rule.Part Ⅲ .The author arguments the performance and endanger of the inappropriate exercise of judicial power from three aspects, ie, judicial committee deciding a case, people's juror participates a trial ,the adopting of internal report rule when complex cases arise . The author also puts forward relevant suggestion to norms judicial power.Part Ⅳ. The author discusses six kinds of limit performance in a criminal case pertaining supplementary civil litigation, namely the accept and claim scope of a case, merger trial, right judge and the limit of simplification litigation.