On The Perfection Of Criminal Judicial System Under The Background Of Trial Centrism

Criminal Judicial criminal justice system is an important element, in the longitudinal direction refers to the judicial system organizational hierarchy division, as well as criminal cases after a few levels up to the court after the hearing, the judge was a legal system legal effect occurs.According to the role of world-class criminal trial system in legislation and practice, the function of the criminal trial level system can be divided into basic functionality and extensibility features two aspects.Basic function is to protect the legitimate rights and interests of the defendant, to resolve disputes, to protect the legitimacy of the administration of justice;extension function is more a manifestation of a uniform law applicable rules and governance.Trial centrism as a modern state of law generally recognized as a fundamental principle in criminal proceedings, 18 th CCP Fourth Plenary Session of reform litigation in the trial as the center, marking the "trial centralism" formally established for China’s judicial reform nature and improve the criminal litigation system points the way to achieve the return of jurisdiction to build a justice last line of defense against enemy wrong case.Trial centrism and criminal trial level there is a close correlation, trial centrism requirements to build a sound criminal trial level system, guarantee the correctness of the referee, authority, finality; Perfecting Criminal Judicial Hierarchy Centralism Judgment required background, is the center of the first instance trial system, and also the center of criminal Judicial system.Proposed Justice Center doctrine requires us to implement the trial standard regression to protect the core of the first instance of the trial, to handle the dialectical relationship between the first trial and appellate between the perspective of trial-centrism of Criminal Trial Grades comprehensive analysis, the system still exist the following defects:Fears Criminal Judicial alienation below the provincial district court under the unified management of human, financial background;Lost focus first instance;Confuse the trier of fact and law hearing;Focused private purposes of a criminal trial-level system functions; no final end.In order to reform the litigation system center trial of background, improve the criminal trial level system should follow both fair and efficient, trial-level independent, trial-level constraints, the four principles of the separation procedure. Finite three-tier appellate system; build a thorough review of the facts in the first instance proceedings; reclassification function of the trial court and the Court of Appeal; strict control of the criminal retrial procedure applies; the establishment of a leapfrog system to achieve the referee is correct.