| China put forward the trial-centered criminal procedure reform in the Fourth Plenary Session of 18 th CPC Central Committee to ensure that the investigation,prosecution and trial in the lawsuit could be able to withstand the test of law,the regulation of justice rules and the question of the masses.The proposal of the reform is not only one of the focuses of the reform,but also a bright spot and even a difficulty.The proposition of promoting the trial-centered criminal procedure reform is mainly aimed at China’s criminal proceedings reality of “investigation centralism”.“Trial centralism” is required by the due legal process and judicial final settlement principle and also is determined by the nature of the trial itself.At present,many scholars have conducted research on this issue in China.Most scholars hold similar views,namely,reforming from proceeding structure,investigation and other lawsuit phases and putting forward corresponding improvement measures mechanism.When elaborating drawbacks existing in the current criminal litigation mechanism,in other words,discussing the disadvantages resulted from prevailing “investigation centralism” and the profound influence of “files centralism”,this paper focuses on the analysis of the path to the realization of trial centralism.It starts from the theory and analyzes how the reform will be conducted on China’s criminal litigation mechanism in combination with judicial practice.In this paper,the argument is divided into four parts: the first part mainly introduces that in China’s current criminal proceeding judicial practice,the prevailing “investigation centralism” and “files centralism” lead to the lack of trial-centered cases,ante-displacement of litigation center and weakened trial status and therefore result in various shortcoming and negative results.Mainly starting from the legal basis of trial centralism,the second and third parts draw forth the necessity of trial centralism being put forward in the present judicial practice.They then further expound why China proposes the concept of trial centralism at this time and highlight the necessity of it being proposed through comparisons of relevant concepts.In the meantime,they also elaborate that China now has the soil for the development of trial centralism from the system and practice.The final part is to discuss how China can realize the trial centralism.It includes the restriction on investigation power,realization of trial substantiation and the improvement of supporting measures related to litigation reform.In addition,it also depicts the implementation path to trial centralism step by step in China to practically complete the transformation from “investigation centralism” to “trial centralism”. |
