Criminal Trial The Defendant Right To Dissent

The current trial reform of our country is absorbing the litigantism factors in order to adversarial system. But prosecution and defense are often opposite rather than confrontation which result of the criminal trial only focus on the surface without the essence of adversarial system of justice. Then legislation and practice appear antinomy phenomenon. Therefore, the construction of defendant’s objection right in our criminal trial with the goal of enhancing the defendant who as the main body of the criminal proceedings in adversarial system of who involved in the process of convection processes, is an important aspect of improving the trial reform. In the course of cross examination, objection is opposing the facts and evidence of the formal statement that have occurred or are about to occur in court. The purpose of objection is those defendant and defense attorney lawyers hope the disputed points refereed by the Judge. The nature of the objection is a formal protest from the defendant in court. While in the theory, the objection right will contribute to the protection of human rights and enhance the status of defendant in criminal proceedings. It also will contribute to the realization of procedural justice and promote the diversified values of lawsuit purposes and the forms of action. On the other hand, the rules of cross-examination will be established and standardized by improving the objection. Finally, the defendant’s right of objection conferred will lead the questions of fact to the legal problems; also submit the evidence issue in advance. At the same time, it can improve the lawsuit efficiency by avoiding misleading in the later judgment of referee; ensure the quality of cases of first instance in a certain extent. In short, the objection right will help to discover the truth and maintain the litigation system, which should enjoy rights.After the amendment of Criminal Procedural Law in2012, the legislators make a big modification in reform and improvement for witness’s appearing in court, defense system and trial procedure. The promulgation of the new rules provide legislative support for the specific operations of rights, effectively protect the defendant as the main body and balance the between the prosecution and litigation issues. Because of the legislation idea and technical defects, the defendant’s right of objection concept and goals are not fully expressed. Also, the problems of cross-examination rules, objection rules, defense system, witness’s appearing in court and pre-trial procedure are not resolved. So we should understand the loss of legislation and the judicial practice in the objection right, also should find the lack of subjective and objective reasons in our country. At the same time, from the investigation to present situation in the major foreign country, the objection right that will be thought should accord to the differences and common cause. So the current singleness of the value pursuit and related institutions must be improved from the concept and system levels.Therefore, at the same time, the reform of criminal trial which in reference to litigantism should fully focus on a range of technical setting the defendant’s objection right needed. And then, the objection rules will change perfect technology and methods to the right technical of human rights protection, which in order to promote the process of China’s criminal trial with standard programmed and refinement.