The Principle Of Direct And Verbal Trial In The View Of Tribunal Judicial Centralism

Tribunal judicial centralism is an important part of the current reform of criminal justice, which aims to realize the real trial, and lay a foundation in order to promote the reform of principle of trial centered criminal procedure. Establishing and carrying out the principle of direct and verbal trial is the inevitable path of the reform of tribunal judicial centralism. Study deeply and thoroughly of the principle helps to perfect the reform. The whole essay is divided to five parts.The first part discusses the important position of the direct and verbal trial principle in the reform of tribunal judicial centralism. The direct and verbal trial principle has long history in both China and western world. It includes the direct trial principle and the verbal principle.The jurisprudential evidence of the direct and verbal trial principle is in line with the theory of the criminal defendant subjectivity, in favour of finding the real case, preventing wrongs and its function of power restriction.The second part analysises the basic requirements. In essence, the principle is one principle of criminal justice, including the presence of rules, verbal evidence, direct evidence rules, uninterrupted rules and the judge will not be changed. Principle of direct and verbal trial in our country reflected indirectly in legislation, but in the current judicial practice there are some contrary and not fully consistent with the principle existing.The third part studies the relationship between the reform of tribunal judicial centralism and the principle of the direct and verbal tribunal.The reform of tribunal judicial centralism is the institutional context of direct and verbal trial principle. In the content, the reform of tribunal judicial centralism mainly exists in the first trial procedure of major, complex and difficult cases, which also corresponds to the direct and verbal trial. The reform of tribunal judicial centralism conforms to the development trend of the criminal procedure. Whereas the trial of China walks through the field, which need to be reformed, straighten out the relation between the principle of tribunal judicial centralism and direct and verbal trial.The fourth part discusses the adverse factors of the principle of direct and verbal trial in our country criminal justice, including the file-transcript-centrism, fewer witnesses in court, the difficulty of carrying out effective defense and incomplete evidence rules.The fifth part puts forward my own opinions on establishing the principle of direct and verbal trial. According to the judicial present situation,we should adjust status in litigation of the files and notes, improving the system of witness, insisting and perfecting the responsibility system of trial judge; clearing the principle of focus and continuous trial, in order to establish and carry out the principle of direct and verbal as soon as possible.