Discussion On The Realization Route For Criminal Trial Central Principle In China

The criminal trial central principle also named trail and especially refers to the procedure of first instance,it is the most important period to determine the criminal liability of the defendant in criminal prosecution,not being judged,anyone shall not be convicted without trying,the verdict of the investigation and suing only has significance when it is given inside the program.The criminal trial central principle is the demand of due process of law and the principle of judicial final solution,it is also decided by the nature of the trail.In the Civil-Law System and Common-Law System countries,the criminal trial central principle is mainly reflected through the court’s judicial review on investigation. The investigative organization can not take compulsory measures when it comes to the citizens’ personal and property. During the prosecution phase, in order to restrict the abuse of the right of prosecution, the foreign countries commonly set up the jurisdiction,by which they can control the director of public prosecution’s power of prosecution discretion.In the trail,we can implement the Principle of direct words and the referee rules of evidence by adversary mode of dilettantism, fully play a substainal role.Compared to the foreign countries, to set up the criminal trial central principle in our countries faces many difficulties. Firstly, the unreasonable criminal prosecution structure causes the unscientific delineation of power among public security organ, procuratorate and court in criminal prosecution, which leads them to be "Judiciaries" in a parallel relation.Not properly restricting the power of prosecution can cause the improper back-flow in criminal prosecution procedure. And then the court becomes a prosecute organization, which is not suitable for the neutral position of the court.Secondly, the investigation central principle is still occupy the dominant positio n, we can see this from these aspects, such as:the result of censor and trail is det ermined by the result of investigation, and the investigation evidence becomes the main basis for prosecute and trail,and then bring out file centralism, furthermore t he investigation phase is also lack of the interposition of judicial review. Because t hey lack the accompanying measures for transferring files,so before the trial they ca n not efficiently avoid the prejudge of the judge.Last but not least, the deep trail formalism,virtual proof,cross-examination,atte station and judgment make the trail become a "tick the box issue". The trend of j udiciary administrationise is becoming more and more obvious,the interposition of p olitics and law committee, the trial outcome of the case determined by the presiden t,the chief judge and judicial committee,all of this cause the judge can not handle the case independently,which also cause the division between try and judge.From the angle of trail central principle,we should carry on reformations in the criminal prosecution system as follows:First we should reform the organ of the criminal prosecution,implement the judicial writ principle,fit the investigation power into the scope of judicial review.Ensure the equal status of the defendants’privilege of silence and prosecution and defense,balance the power between prosecution and defense. Separate the prosecution and trail to impel the court get rid of prosecution function,let the procuratorate turn back to the role as a litigant.And then reform the trail procedure,we should change the mode of transferring files,adopt"the indictment principle" and combine our pretrial meeting system with the foreign countries’ preliminary hearing to set up a new preliminary hearing, which can be matched with files transferring mode. Implement the principle of direct and verbal and the principle of presumption of innocence in the trail,establish the rule for evidentiary adjudication,fully develop the trail’s central function in criminal prosecution.As to other fields,we should also improve the judge’s quality,change the assessment system.The found of trial central principle is a grand course,which needs the perfection and coordination of the politics and legislation,the writer’s probe and tentative idea is just a little part of this huge programme,hoping that it can benefit the reformation of our criminal justice system.