Research On The Criminal Trial Objection Rules

In common law countries parties through the right of objection to the review ofthe facts of a case based on evidence to grasp, namely through the evidence reviewprocess grasp to achieve results of grasp, which is the realization of judicial justice.The right to dissent has firm legal foundation to rely on, and the existing system isclosely related to the background, it is there to fight for fair trial service. Theintegration of Anglo-American law system and continental law system makes theright to dissent that can fully reflect the equal adversary may also be incorporatedwithin the continental law system reform, in order to strengthen both sides of programparticipation and control, but due to the continental law system countries attributionof responsibility to find the facts of cases has not changed, the ability of the objectionto play a role is also limited, the introduction of the objections will be limited torestrict the court’s right to a fair hearing for the parties. The criminal trial reform inChina has absorbed a reasonable factor of the adversarial system, but due to theinherent mode of retention and the absence of supporting systems, the objection alsodid not play the actual efficacy and operability after the reform is deplorable. Toenhance the prosecution and the defense program participation and limiting the levelof the power of judges, reform of the right to dissent is necessary. This article aims topave the way for the trial reform in China by in-depth analysis of the right to dissent,in order to through the perfect of a specific system to promote the reform of the entirelitigation model.This paper is divided into five parts, as follows:The first part introduces the concept and rule of criminal trial object specificrules, and then discusses the legal function, mainly reflected in the review of the evidencestandard or not, finally analyzes its existence legal principle theory of law foundation.The second part focuses on the analysis of the system background of objectionrules, it is actively pursuing the democratic constitutionalism, adversary system, jurytrial mechanism and the risk of litigation shall be borne by the parties which promptedthe objection rules generated.The third part introduces the civil law on behalf of the state opposition rules,points out the objection in the countries of continental legal system the reason ofexistence, further analyzes deep foundation about its function failing to be developed effectively.The fourth part study the objection in our trial investigation, in the CriminalProcedure Law reform legislation that have the relevant provisions of theobjection.but in practice operability is not strong, on the basis of the comparison inChina’s objection and the objection to the rules of common law, analyzes the source ofChina’s objection to formalThe fifth part according to the analysis of the above objection rules to improve,and to put forward several ideas.