The Comment Of Standardization Trial

The present trial mode in China is heavily influenced by relations based in Chinesetraditional culture,which is still a problem even in today’s market economy.Relations is thebiggest enemy of judiciary.Only by changing the operation mechanisms of law and limitingjudges excessive abuse of power institutionally,can these harmful practices be prevented andeliminated.There is not only a need to limit judge’s individual abuse of right of discretion,butalso a need to watch out not to over-intervene judges so that they are able to handle cases fairand equitable.The lanch of “standardized trial”makes up for the lag of law,unifies the trialstandards,and provides the judges with standardized solutions. The essay defines“standardized trial”as trial mode under the perspective of court structure,which isstandardized trial.Therefore,the essay first defines the concept and features of standardizedtrial with the method of concept law in the judicial field,which also includes the content offoreign courts’trend of standardized management.Second,the author compares different viewson standardized trial from theorists in law community and justice practitioners,analyzes thepractices and results of those courts that have already implemented stander dized trials, whichfurther reflects the necessity and feasibility of standardized trials.Last,the paper summarizessome issues to be noted when courts implement standardized trials. The creative part of thisthesis lies in the detailed argument of the necessity and feasibility concerning standardizedtrials...