Research On The Reform Of The First Trial Of Criminal Cases Of Public Prosecution Of China

With the establishment of a socialist market economy, China’s political, economic and cultural society has undergone major changes, changes in the economic system, the requirements of the judicial system as an integral part of the superstructure of the corresponding innovation and improvement. Reform of the judicial system is a complex and arduous task, impossible disposable done, need step by step, as an important part of the judicial system, one of the judicial system, especially the way the trial should be used as an entry point for judicial reform. By contrast, the traditional mode of trial practice in our country, the old idea of the trial does not meet the legal requirements, severely constrained and hampered play judicial function judicial reform and improve our way of judicial reform has become imperative. This paper analyzes and studies the way our criminal indictment from the trial of first instance of the case, first of all, the way the concept of criminal trials to be defined, and the words of the trial proceedings to be analyzed and the relationship between fashion and the way the trial judge with both defense and prosecution files in. Also analyzed the impact of the existing judicial system in the full court and the Commission’s relations between the public and the trial prosecutor, the three organs of the trial mode generated. Secondly, part of the problem of Criminal Prosecution cases of first instance exists in the way the trial was analyzed, such as: a formal review of the trial evidence, the prosecution and defense against the lack of neutrality and lack of formal referees and judges. Meanwhile, the cause of the problem to be generated analysis, including: the public prosecutor, "assembly line" of litigation structure, both the prosecution and defense litigation unequal status and direct language to implement the principle of insufficient reason. Adhere to the law reform proposal in principle, and the principle of fairness and efficiency of both crime and punishment on the basis of the principle of protection of human rights around the implementation of both the principle of direct language of the criminal indictment of first instance cases of Pretrial Procedure, transfer files and court proceedings be reformed manner, specific include: Pre-Trial Chamber of the creation, the establishment of pre-trial evidence system; implementation Indictment doctrine; strengthen the defense forces a party to give the defendant the right to remain silent, and give lawyers the right to refuse to testify for the prosecution in order to improve its ability to fight in court; to achieve the independence of judges, the implementation of the Full Court accountability, improve independent collegiate bench trial and summary judgment ability.