Research On The Trial Centrism And Trial Reform Of The System

During the fourth Plenary Session of the 18th CPC Central Committee, in order to promote to rule the overall country using law and to speed up the construction of the socialist legal state, ruling party is planning a series of scientific and rational deployment and technical settings. In order to effectively guarantee the judicial justice, and strive to improve the credibility of the judiciary, the fourth Plenary Session of the 18th CPC Central Committee introduces the target of promotion of the reform of the litigation system centered on trial. The target means in the future public prosecution cases, compared to investigation, prosecution and enforcement, trial should be in the center position. In the first part of the dissertation, introduction, embodiment and main manifestations of trial center are introduced, which targets to, based on background of the fourth Plenary Session of the 18th CPC Central Committee, materialize reform measures and to make deeper interpretation of the trial center. In the second part, the dissertation introduces some difficulties and obstacles in the practice of judicial centralism under the current situation of China, including the lack of legislation, operation difficulties in judicial practice, the misunderstanding of the traditional investigation center and subtle influence brought by files record centralism in recent years as well as lack of witnesses at detailed aspects. In the third part, the dissertation responds to every challenge occurs in practice level. Judicial system reform has been one of the most important steps in the progress of judicial reform in the long run, but in legislative system level, there are still some difficulties to solve. In practice, there also has improper operation and lack of proper methods to solve difficulties. In the last part, the dissertation describes and imagines the reform of the judicial system, mainly including files transfer, improvement of procedural control mechanism, preliminary establishment of hearsay rule, popularity of witness to appear in court and moderate intervention of the judge in the investigation stage. Based on current judicial environment, it is significant to resolve current problems as much as possible.