The Research On 'Direct And Oral Trial Principle' From The View Of 'Trial Center Doctrine' Reform Perspective

The fourth plenary session of the 18th session of the central committee of the Communist party of China held in October,2014 has passed the "decisions on several major issues of comprehensively advancing the rule of law by the Central Committee of the Communist party of China"(hereinafter referred to as the "decision"),which established the "promote the 'trial centered' lawsuit system reform",for the reform of the judicial system by policy,so as to laid a strong tone further promoting the reform and perfection of both the criminal trial patterns and its overall system structure under new situation&'new normal' mode."Trial centered" is a Sinicization of an approximate expression of 'trial center doctrine' which characterized the overall criminal procedure structure under 'rule of law' by modern sense,thus differentiate fundamentally form the traditional "investigation centered" and "Convey-er system"kind patterns by means of criminal procedure infrastructure.For a long time,insight-ed scholars form the theoretical and practical work circles has been calling for explore and establish a new litigation structure&institutional mechanism feathering'trial centered' in our country.Now,the "decision" has sounded horns of that reform,and recently several relevant state departments have introduced a corresponding guidance on the specification of reform.However,the transformation from"investigation centered/marking court files centered" to "trial centered",involves the re-construction,modification,improvement of system philosophy and code clauses,therefore,what as the mainline and breakthrough point to promote and ultimately to complete this arduous reform process,has became a topic of important practical significance and theoretical significance,which also leaves to this thesis to illustrate and explain.The principle of direct and oral trial,as an important part of "trial center doctrine",its function and role reflects directly on the promoting of essentialism of court trial,a purpose the 'trial center' reform emphatically going to achieve.Direct and oral trial principle,to my opinion,is a clear mainline of 'trial centered'reform,thus also a key-point and second to none option for appropriately&steadily promote fundamental reform of the overall structure of criminal proceedings while maintains the stability of law.In existing criminal procedure law and its related rules®ulations,there have been many terms reflect the content of "direct and oral trial",and relevant theoretical exploration have moved into maturity.So it seems,based on China's own conditions,adhere to problem oriented,it need to mark direct and oral trial principle as the main line and let it falls in the background of "trial centered" reform.So this thesis with its title-"The research on 'direct and oral trial principle' from the view of 'trial center doctrine' reform perspective",is based on such logical venation to explore&discuss who can we truly established "trial centered",thus implement "institutional law" into"practical law" feasibly and effectively,which is also an enduring major problem of judicial system reform and evolution.The fifth chapter of this thesis put forward a concrete implementation plan,with strong operability for the reform:including reforming and perfecting the pretrial procedure,moderately block of investigation-trial connection which involving the adjustment of relationships between handling authorities on different stages,improvements on judicial organization and judges's working systems,reform measures focusing continuously&intensive proceeding of trials,further improving&enriching 'testimony by the witness in court' system and its coordinating measures,and further ensure the procedure participation rights of defendant:s lawyers,as well as establish a new trial running mechanism,which secures other supporting measures beneficial to essentialization of court trial such as 'Responsibility in Accord With Authority'and 'integration of power and responsibility',among which can be subdivided into a number of design scheme for specific clauses with referential effect.However,the essential elements of 'trial centered'litigation system reform is,after all,a synthetic systems engineering project,the thorough implementation is still a long way to go.