Tentative Analysis On Trail-Centered Theory And Reform Of Relevant Procedural Systems

The criminal trial central principle is the concrete manifestation of the judicature finally makes the decision in the entire criminal procedure as well as the intrinsic request of the justness,democracy and the independence of the judicature.It is also the inevitable result of the penal procedure's standardization in accordance with the law.As a fundamental criminal principle legalized by modern countries ruling by law,the criminal trial central principle has been embodied in the criminal procedure in worldwide nations attributing to two legal systems.However,the trial central principle has not been erected in China till today.Taking the trial central principle as the angle of view,based on the reconstruction of the the entire criminal procedural system and the hearing particularly,the author proposed to set up a better pretrial examing procedure,to standardize the system for witness appearing in court,to establish direct words principle and the intersectant inquiry rule,to constitute an outstanding penal judge group and to form a reasonable and scientific examing mechanism for police and prosecuting work for restructuring our country's criminal procedural system.This paper is divided into five chapters.The first chapter mainly introduces the trial center lawsuit system reform theory as a foundation,through the basic concept of Justice Center and other closely related to the system carries on the brief analysis,in theory for the trial centered lay the foundation.In the second chapter,through the analysis of the value of the law,the necessity of the trial center doctrine is demonstrated in order to lay a solid foundation for the theory of the trial.The third chapter mainly analyzes the problems in the current judicial practice that hinder the reform of our country's judicial centralism.Through the analysis of various dimensions,this paper introduces the current situation and reasons of these problems.The fourth chapter mainly through the analysis of the two main legal system which is the center of the litigation system,so as to find the system that can be used in our country.The fifth chapter is divided into two parts.The first part mainly introduces our country past judicial practice among central trial doctrine in our litigation system embodied;the second part introduces the current judicial system in which some feasible to trial as the center litigation system reform path.