Study On Criminal Defense Under Trial Centered Principle

The criminal defense system plays a crucial role in the criminal procedural system and being as an important part of the judicial system,criminal defense functions throughout the criminal procedure.No matter at which stage like investigation stage,review and prosecution stage,or trial stage,to safeguard the right to defense calls for attention and needs continuous improvement in criminal justice area.In retrospect,most of unjust cases are associated with the outdated"Investigation Centered" criminal procedural system.In such a model,to detect crime and affix suspects' criminal responsibility becomes a key issue.Meanwhile,due to the remarkable difficulties,such as accuser and defender fail to argue equally,the illegal evidence hard to exclude effectively,and the formalization of court trial,the right to defense of criminal suspects,defendants and defense lawyers cannot be guaranteed.With the deepening and the effective implementation of rule by law,"promoting the trial centered criminal procedural system reform" becomes a key issue of judicial reform.Different from "Investigation Centered Principle","Trial Centered Principle"request the investigation,review and prosecution should be focus on trial work.It is noted that the essence of trial centered principle is restriction of investigative organization's right of investigation and prosecution,implementation of the principle of direct words,evidence rules,equality between accuser and the defender,and promotion on court trial.However,the ideal system concept are unlikely to be fully suitable in current situation.In the judicial practice,it is often seen that the excessive function of procuratorial organs results into the imbalance between accuser and the defender.At trial stage,the absence of witnesses and expert has become a habit so that direct words principle cannot be put into practice;due to no guarantee of relief measures,lawyers' application right is of no use;dossier transferred system,court questioning in criminal procedure and judicial procedure after court procedure do not function as well.We argue that by taking effective measures,we can effectively the improve procedural system featured as trial centered principle,such as implementing direct words principle,illegal evidence exclusive rule,establishing hearing procedure with establish,change,cancellation of the compulsory measures,third party review mechanism and perfecting the system of procedural sanction violations of the rights of defense.