The Research Of Principle Of Trial Centered

4th plenary session of 18th CPC Central Committee encourages to promote the the transform of judicial procedures towards Principle of trial centered, in order to guarantee that the factual evidence in investigation and prosecution is amenable to the law. Guarantee that justice plays a decisive role in investigation, judicial evidence, prosecution protection and just justice. Principle of trial centered is important content of China’s reform of the criminal justice process. Then, what is Principle of trial centered and how to practice it brings heated debates. So we will research the connotation and requirements of Principle of trial centered in detail. With the direction of Principle of trial centered, we will reveal the disadvantages against Principle of trial centered, improve the criminal procedure institution of Principle of trial centered, make our criminal procedure right and rational, and make everyone feel fair and just in each case.The article explains Principle of trial centered in three aspects. Chapter 1 The connotation and basic requirements of Principle of trial centered. Reform of Principle of trial centered should comply with the essence of jurisdiction, follow the jurisdiction regulation, set jurisdiction in a reasonable way, reread the construction of China’s criminal procedure, and make jurisdiction restrict investigation and prosecution. Make trial play an instructive role in evidence taking of investigation and prosecution, and make evidence justice rule as the standard of cross-examination. Make trial as the center of investigation, debate, claims and judge reasons, and show the practical worth of judge. Based on the connotation, Principle of trial centered requires:1. Build the restriction of jurisdiction to investigation and prosecution.2. Jurisdiction protects right to defense.3. Put judge into practice.4. Build the authority of judge.Chapter 2 China’s present criminal procedures are against Principle of trial centered. In this part, we will reveal the disadvantages against Principle of trial centered, in the point of Principle of trial centered. The problems are:1. It practices Principle of investigation centered in procedure structure. Principle of investigation centered makes judge an unimportant part, and jurisdiction can’t restrict investigation. Judge weighs affidavit and files more, which makes judge certification of the former actions.2. Whole deportation of files decreases the antagonism of judge, which leads to wrong first impression, presumption of quilt and prejudice.3. It lacks of independent jurisdiction with the idea of judge centered, which makes it hard to practice the worth of Principle of trial centered with that who judges who takes.Chapter 3 Reform our criminal procedures with the goal of Principle of trial centered. This part aims at the problem that China’s criminal procedures are against Principle of trial centered. Then we give several pieces of concrete advice, which contains:1. Reform Principle of investigation centered, practice the restriction of jurisdiction to investigation and prosecution. Build judicial writ rules. Strengthen jurisdiction’s restriction to investigation and prosecution, and add protection of defense rights before the court.2. Improve the procedure before the court and guarantee the practice of judge. Avoid prejudice and wrong first impression. Reform file deportation rules and practice indictment ideology. Build systems of demonstration of evidence to protect the defendant’s right to know. Improve procedure before the court to make the judge efficient.3. Practice the judge, and insist direct testimony principle and principle of centered judgment.4. Insist evidence judge principle, including presumption of innocence, no punishment in doubtful cases, and exclusion of illegal evidences.5. Build the system of independent jurisdiction with the core of independent judge.