The Study On The Principle Of Directness And Verbalism

The judicial justice is an important content of the modern law and the evidence is the foundation of the judgment. And only to establish and improve evidence rules can ensure collecting evidence legally, objectively and comprehensively, and properly review and judge the evidence, so that evidence of the case accords with the facts. The principle of direct verbal trial is the product of human reason and justice in judicial field development concept, which is the basic principle in criminal trial activities of the continental law system countries. The principle mainly contains direct principles and verbal ones.The Principle of Directness and Verbalism is the product concerned with which is the human reason and justice development in judicial field concept. It is a basic principle in criminal trial activity which had being established in civil law countries. The legislative intention is to overcome traditional written trial which may be caused the pre-trial drawbacks. It requires judges, lawsuit participates in a person, the witness to attend in order to safeguard especially the right to defendant and procedures of justice. It demands the judge investigate evidence in the court by himself, Otherwise it must not be used as the basis for decisions. It also asked interested party must be take part in the litigation activities in words to develop resistance and fully debate,in order to guarantee trial of the evidence authenticity and program democracy.The difference between the principle of direct verbal trial and the hearsay evidence rules mainly lies in the following aspects:Seen from the legal elements, they belong to legal principle and the rule of law respectively, while from the angle of vertical time, the former appears earlier than the latter. And when it comes to the objects, the former is mainly used to regulate the case facts and evidence that the judge affirms, as well as the behavior of the judge, while the latter is mainly used in regulating the jury's confirmation to the case fact. But there also exists mutual system significance between the two, such as both pursue the truth, and both have the procedural justice legal value.Any kind of rules of the effective operation must have corresponding system as guarantee, and the Principle of Directness and Verbalism is no exception. To implement the principles of concentrating hearing and debating, the judge who makes the adjudication should have the rights of trial as well as jurisdiction. That the witnesses appearing in court can be safeguarded and the responsibility of public prosecutor be strengthened implement can ensure the direct verbal principle to operate fluently.In view of the Principle of Directness and Verbalism with fine legal value function, referring to foreign successful experience of continental law system, and also based on the reality of our country, establishing the principle of direct verbal trial has the following important significances. Firstly, it's adapted to the current control divides, and is the realistic need to secure the equality of both the accused and the defendant. Secondly, it's the guarantee to find cases'authenticity and procedure justice. Lastly, it's the requirement of bettering the international community.Seeing from the angle of our current reality, as human rights in the constitution and "two regulations" come on stage, especially the formation of our social legal system, the Principle of Directness and Verbalism has laid the responding legal environment and institutional support. The deepening and perfect reform of the judicial system provides talent resources for the establishment of the principle of direct verbal trail. In addition, along with the promotion and perfect of the market economy, the principle of direct verbal trial gets its economic foundation. Therefore, it can be said that establishing the system has a certain urgency and pragmaticOf course, to make the Principle of Directness and Verbalism really play their due role, there are many needs to improve and perfect urgently to the existing laws and regulations. On the one hand, in addition to the criminal procedure law which has not yet clearly established the principle of direct verbal trial as the basic principle of the criminal procedure law of our country, either has it established the principles as concentrating hearing principle, not replacing the judge, evidence exhibiting, and the indictment a socialist principles. On the other hand, there are still many defects in the cross-examination, the distribution of probation responsibility between the investigators and the accusers, and the witness system.In view of this, according to the Judiciary committee system, it gives collegial panel an independent jurisdiction to consummate the witness system. It has established a relative concentrating hearing rules and anyone may not replace justice system. Reforming the Vetting procedures before the court, establishing the indictment, setting up the evidence exhibiting system and perfecting the judge's selection and assessment system to make sure the effectively establishment and good legal obtainment and social effect of the Principle of Directness and Verbalism in our country.What needs to point out is the judges used in the thesis are the triors and the jurors. Because the Principle of Directness and Verbalism is broad, various in content, also the judicial reform is one change makes all change projects, there should be all-round supporting reform from all aspects of the principle, systems, and procedures of criminal justice. In this paper, the main research area is criminal proceeding and focus on trial for ordinary procedure.