Research On The Principle Of Concentration

Criminal trial, serving as the core of the Criminal Procedure Law, plays a vital role in the process of the entire program’s operation. However, the concentrated trial as the mainline and guiding principles throughout the criminal trial activities hasn’t been established and guaranteed in the Criminal Procedure Law, which can be said to hinder the development of China’s nomocracy to some extent. Whether the criminal trial serves as a specific principles to achieve procedural justice in order to reflect its external value, or ensures criminal defendants’litigation dominant position and human dignity to reflect the intrinsic value of its own independence, or save judicial resources to improve the efficiency of the proceedings from the perspective of economic value, it reflects the value of procedural justice and its own dominant position which is to guarantee the rapid and orderly conduct of the entire trial activities and to reduce resource consumption.China should actively promote concentrating hearing, establish the principle of concentrated trial legislatively and give the criminal defendants the right of speedy trial and effective defense. China should also perfect pretrial procedure such as establishing the evidence discovery system, expanding the scope of summary procedure, preventing trial interrupted led by assault Trial. It also needs to keep the main focus and enrich the court trial in trial such as the measures to establish the alternate judge or jury system, specify the witness to testify in the court, establish cross-examination system, etc. to guarantee that all the accuser, the defense and the prescription continually participate in the litigation activities in the court. The court should make judgement timely after the trial and increase the rate of in-court conviction. Besides, China should abolish the decision that the collegial panel shall comply with the Committee’s decisions, clearly position and reform the specific function of the Committee, return the jurisdiction and the comment right to the collegial panel and implement the combination of trial and judgement.Today the western countries under the rule of law give related regulation against the law of concentrating trial which is to repeal a complaint or update the judgement. China should give related relief toward the violation of the concentrated trial principles from the perspective of constitutional protection and program sanctions. One is that China should directly start the constitution relief when the citizen’s constitutional rights can’t be protected. The second is that China should give a clear time limit for the deferred trial or suspended trial and establish the trial updated system.