Criminal Focus Trial Principles

In modern penal procedure ,the judicatory procedure is the core of the whole proceedings. The judicatory principle can instruct and ensure as the idiographic layout and operation of the judicatory procedure. The principle of central judgement, is an important fundamental principle paralleled with the principle of trial in public,and the verbal principle, and also has important theoretical and practical meanings in the reformation of the judicatory procedure, the relization of controlling crime and protecting human rights. Therefore, the research of this essay as need and occasion may require.This essay includes the instruction, the body and the conclusion. The body includes four parts. The first part reseaches on the way of judging in two different law systems in the aspect of comparative methods. It describes the principle of central judgement in Angle-American law system and the separates trial doctrine of continental law system, and then analyzing the abuses of separated trial doctrine and the tendency of reform in penal procedure. Finally tries to analyse the value of the principle of central judgement and the relationship with other principles of penal procedure. After comparing with the penal procedure mode of two different law systems and seeking for the common rules of theirs, it gives a significant example to the reform of penal procedure in our country. The second part is about the basic theory in the principle of central judgement. It discusses the basic theory of through lightening the concept of the principle of central judgement and concrete requests. Firstly, from the connotation of the principle of the central judgement to deal with the essay and also give the defination to the principle of the central judgement, expatiating the idiographic request on central judgement to discuss the basic theory of central judgement. Finally ,to analyse the value of litigation in priciple of central judgement and the relationship between the priciple of the central judgement and the other principle of the penal litigation.The third part analyses the abuses of the traditional penal procedure in our country, especially the for the effection on lacking principle of central judgement. And also it discusses the possibility of setting up the principle of central judgement in our country based on regulations issued by the supreme court. The last part discusses systematically the concept of setting up the principle of central judgement in our country. It introduces changing the concept is most important and must form new concept in accordance to the principle of central judgement and labels it as fundamental principle in our penal procedure law. At the end of the part, it brings the secure measures and exception of this principle.