Reflection And Reconstruction Of China’s Criminal Trial Mode

The contemporary national criminal trial mode can be approximately divided into twomodes of criminal trial, the civil law system countries’ authority principle and theAnglo-American law system countries’ litigant principle. On the basis of the differentsocial conditions and cultural backgrounds, the two modes appeared and they have therespective theoretical basis. In their judicial practice, the two modes both show theirrespective advantages, and also showed their shortcomings. Our country’s current criminaltrial mode is a "hybrid" mode of hyper official principle in the criminal trial, namely, a kind ofmode emphasizing the affective of judicial organs and the motivation and universality of theactivities. Relative to the civil law system countries’ authority principle, it highlights thestatus and the role of judges in the trial. It carries out an accusing and defending trial patternof the implementation-oriented judge, the phase equilibrium between the accuser and thedefender, the judge in the center referee. The judges before opening a court session does notscrutinize cases virtually and the accuser and the defender put to the proof in court. The judgecommands and controls the entire trial process, with full freedom and adequate legalmeans to ascertain the facts and punish criminals. The formation of the criminaltrial model has a great relationship with our current political, economic, and culturaldevelopment. It neither copied the usual practice of the parties to the criminal trial mode norcompletely copied the terms of reference ’criminal trial mode. But it was built on the basis ofthe fundament of various factors: our country’s social nature, class interests, needsand historical and cultural background. It has the profound theoretical basis and practicalbasis. However, due to the various reasons of the traditional criminal justice model and theimpact of the traditional litigation culture, our country’s current criminal trial mode has avariety of defects. Hence it must be reformed and improved. In this paper, aimingat the specific problem in Chinese current criminal trial mode, according to our country’sactual situation, following the historical development of the law, it is proposed toabsorb the parties’ reasonable ingredients and creatively establish a new criminal trial mode inwhich the litigant principle is the core and the authority principle is the complement.