On The Centralized Criminal Justice

Centralized criminal trial is the court should in principle be carried out continuously until the judgment,for difficult, complex cases require more than 2 days, it should be days of trial, but the necessary time for rest and meals shall be excluded. Its most basic element is that criminal trials, especially criminal courts of first instance trials should focus the debate on the main issue and investigation of evidence. Besides, it's ideal that the trial is continuously until the judgment is made. To promote the court decision is from the court of first instance, to promote the essence of the trial, many of the world's developed countries have established the principle of "concentrated trial" and the formation of the centralized criminal trials. Such as in Germany, France, Japan, the relevant legislation in all criminal proceedings contains a centralized content of the trial. In recent years, Taiwan of China focuses on the "promotion of the concentration of criminal trial "as the direction of judicial reform.However, in our country, for the centralized criminal trial, the lack of depth theoretical study, lack of legislation and the unreasonable delay in criminal trials happened frequently. What's more, there are many formal concentrated trial. All of these have made serious damage to the substance of the trial and made the fact-finding in criminal procedure evolve around the investigation procedure, causing a variety of defects and resulting in the effectiveness of the criminal procedure of first instance reduced. Therefore, this paper firstly analyzes it's necessary to research the centralized criminal trial at the angle of criminal courts of first instance trials. After that, this essay carries on research in the basic theoretical issues of it. On the basis of these study, this essay analyzes and evaluates the question that the concentration of criminal justice is always violated in the justice practice. In the last part of this paper, the concept of constructing centralized criminal trial in China is put forward.The full text is three thousand words, is divided into five parts. Specific arrangements are as follows.The first part analyzes the reasons of the research on the centralized criminal trial at the angle of criminal courts of first instance trials. This part analyzes two reasons of the research on the centralized criminal trial at the angle of criminal courts of first instance trials. The first reason is that the fact-finding in criminal procedure should evolve around the first-instance trial. The second reason is fact-finding in criminal procedure evolving around the investigation procedure brings some disadvantages.Reviewing the current criminal procedure, I believe that it is imperative to strengthen the function of the criminal trial of first instance, thanks to it, we can find facts of cases more accurate. To promote our criminal courts of first instance centralized is a powerful booster to strengthen the function of criminal courts of first instance trial.The second part focuses on the basic theoretical issues of the centralized criminal trial. In this section, on the basis of the theory of the content of the centralized criminal trial, this paper has proposed the definition of the centralized criminal trial and described the proper meaning of it. Secondly, in this part, the centralized criminal trials in different models of criminal procedure are described.The third part analyzes and evaluates the problem that the concentration of criminal justice is always violated in the justice practice. There are four main aspects of the problem. Firstly, sometimes there is unnecessary delay in trial.Secondly, the judges may be not concentrated. Thirdly, the continuous trial often lack the necessary rest time. At last, the implement situation of the system of pronouncement of a judgment in court isn't optimism even metamorphosed.The fourth part focuses on the formal centralized criminal trial. There are two issues about formal centralized criminal trial. The first one is that reading the case files leads the evidence investigation procedure. The second one is that the judge often ignores the views of the defense.The fifth part of this paper is mainly a concrete idea of the concentrated trial mode of our country.First of all, this section discusses four aspects of the significance of building centralized criminal justice in our country, including to achieve substantive justice and procedural fairness, to improve the efficiency of the trial, to carry out the principle of direct and verbal trial and to protect the open trial. Secondly, this section analyzes the dependency environment of the building of the concentrated trial.Finally, to consider the judicial practice in China, the author have put forward some suggestions, including the establishment of the principle of direct and verbal trial, to improve the interrupt system on trial, the establishment of the system of update on the judicial procedure, to ensure the normal meals and rest time in the continuous trial, to improve the witness system,to limit the use of files and to appropriately increase the rate of pronouncement of a judgment in court.