Research On The Nominal Phenomenon Of Criminal Trial Organization

The criminal trial organization has to own and exercise independently the judicial power, which is the fundamental empowerment of the criminal trial organization. Where it failed to exercise completely criminal jurisdiction, the nominal phenomenon is not legal or irrational. And the independent status of the criminal trial organization didn’t get guarantee. The reform about the way of criminal trial has been congesting research fields on criminal proceedings, the reform of the modal of criminal trials and exclusionary rule of illegally obtained evidence. That aims to pursuing the trial effect of justice and protecting the accused rights. There is no attention to judge injustice and guarantee of the rights of defendant, which is illustrated nominal phenomenon. Influenced by the judicial system and judicial safeguard mechanism, the exercises of criminal jurisdiction don’t be determined by court or judge. Change the virtual situation and achieve judicial justice and independence, the existence of illegal practice must be changed. The unreasonable system must be corrected to change nominal phenomenon, guarantee the rights to fair trial of defendant, set up the authority and credibility of the criminal trial and achieve the value target of justice. The presenting condition of criminal trial organization as a breakthrough, the virtual situation is revealed through the investigation and the influence of the case analysis. Combined with the basic principle of the jurisdiction and the international standard in the foreign trial organization, constructing elite and professional judges team, perfecting the system of people’s assessors, abolishing the case for instruction, put forward the reasonable measures on solving the nominal phenomenon of criminal jurisdiction.