Revolution And Review On "the Trial Mode Centralized On The Files"

Twice amendment of Chinese Criminal Procedural Law both aimed at trial substantively, but our country criminal justice become a mere formality still has not really changed. When we try to study on this question, found that the current system of transfer dossiers with the current judicial system reform seems to be some deviation from. The reform of judicial system in China shows the trend of the change from Inquisitorial system to Adversary system, which trying to strengthen the function of the trial. But the return of the system of transfer dossiers seems likely to lead to formalize trials deteriorating even further. The research on the system of transfer dossiers in academic circles only focus on the "doctrine", but ignores the evolution history of the system of transfer dossiers. Through the research on the innovation of the system of transfer dossiers in China, we found that the essence of the system of transfer dossiers in China closely related to a trial mode that relying exceedingly on the files. This trial mode that relying exceedingly on the files decides the selection of the system of transfer dossiers, meanwhile, the selected system of transfer dossiers affected the formation of the trial mode that relying exceedingly on the files and restricted the reform of this trial mode. We believe that the return of the system of transfer dossiers is to cater to the reform of trial mode, and the system of transfer dossiers is not the direct cause of prejudgment. Therefore, considering the abolition of the system of transfer dossiers itself is impossible and not necessary, it is urgent that consider how to change the trial mode that relying exceedingly on the files under the premise of the system of transfer dossiers.This trial mode that relying exceedingly on the files, represented by Professor Chen Ruihua of scholars called it "the trial mode centralized on the files ". In the trial mode centralized on the files, the judgment no longer based on the cross-examination, but on the files review provided by the prosecution, the trial function is narrowed to a certain extent. To clarify the operation mode of the trial mode centralized on the files, firstly, this dissertation combs the files from the aspects of its form, characteristics of usage and evidence qualification, etc. The generalized concept of the files contains all the materials formed in the litigation process. In order to make research more targeted, the study of files in this dissertation is limited to the evidence materials provided by the prosecution which proving the case facts. According to the composition of files, we divide the files into illegal category materials and legal category of evidence, and make research on the qualification of evidence to regulate the usage of the files as evidence. The characteristics of files usage offer the natural advantages of the evidence qualification in great extent, which causing the trial pattern tilting to the prosecution. The trial mode centralized on the files embodies the written form of evidence, cross-examination formally and mechanism for correcting errors failed.Then, to do further research on the trial mode centralized on the files, we reflect on its advantages and disadvantages. On the one hand, and the trial mode centralized on the files has the following disadvantages: one is not conducive to find the truth of cases, such as the files itself has the possibility of false, the investigation evidence collection behavior has the possibility of illegal; it is unfavorable to the establishment of due process, such as against the Principle of Directness and Verbalism, operation reversely of the trial centered; it is unfavorable to public power constraints, such as bias charges of the judge, cause isolated defendants, etc. Files usage, on the other hand, has certain rationality and necessity. In spite of files has the possibility of false, but they are also might real. Obviously, the usage of the files saves costs. In addition, the usage of files is necessary in some situations, such as the witness couldn’t appear in court, the judicial personnel’s professional ability still lack, and cater to the need of judges who doesn’t experience trials.Every country all regulates files for the trial procedure justice, but the degree of processing has a big difference. Through in-depth study of Hearsay Rule and Principle of Directness and Verbalism, we found that both rules have differences in the aspects of regulating content, degree and legislative purpose, which related to their lawsuit pattern. Hearsay Rule regulating the relationship between parties and evidence, while Principle of Directness and Verbalism which under Inquisitorial system regulating the relationship between the judge and evidence.Through analyzing and deconstructing of the trial mode centralized on the files we found that it is not necessary to completely eliminate the trial mode centralized on the files. This dissertation argues that the basic direction of reform should be to trial centralism and eliminate the investigation centralism, in order to realize a kind of visible justice. The trial mode centralized on the files as the target, not only involves the rules of files as evidence, but also related to investigation centralism. Finally, this dissertation put forward the following ideas: one is to establish Principle of Directness and Verbalism. We compare Hearsay Rule and Principle of Directness and Verbalism, from the Angle of macro system construction, and we should establish Principle of Directness and Verbalism. The second is to carry out the system of the witness to appear in court. Despite the current criminal procedure law has perfect the rules of witnesses, but practice effect has not been much improved. We try to weaken the real causes which comber the implementation of rules of witnesses by the reasonable system. We put forward the case distribution mechanism and key witness rules. The third is to establish the rules of usage of files. Corresponding to the evidence qualification problem above, we put forward the admission rules of the written testimony before the court and establish review process of illegal category materials.