The Research Of The Trial-centered Reform Of The Criminal Procedural System

In recent years,there are so many false cases and mishandled cases in our country,which not only damaged the lawful rights and interests of the parties,also harmed the judicial authority and impartiality,damaged the construction of the country under the rule of law and the society ruled by law,on account of the fact that our country are facing many problems about the allocation of judicial powers.in the structure of litigation stage doctrine,Public Security Bureau and the people's procuratorate Cooperate with each other enough but the mutual restriction is insufficient,which results "investigation center doctrine " ?the problem of “the nominal court trial" and so on,thus,it greatly increases the probability of the occurrence of the wrongs because of the judicial rule and the basic idea of criminal law and criminal procedure law.we must stick to the “trial-centered” reform of the criminal procedural system.However,at the present stage,the localized study of the “trial-centered” reform of the criminal procedural system is not complete.Therefore,the research on this topic has practical and theoretical significance.By using the "Capital theory",this paper analyses that the structure of the lawsuit system can not achieve the purpose of punishing crime and protecting human rights in the absence of "centering on the trial" system,thus,it blackens the litigation process,cultivates the social soil of the occurrence of the wrongs.By Using the "benefit analysis theory",this paper analyses that the achievement assessment mechanism without "centering on the trial" system makes the judicial organs form the system outside the formal system,which harms the judicial authority and impartiality in order to realize their own interests.then,the article demonstrates the "trial centered" lawsuit system is the only way for the development of criminal procedure by using the basic theory of criminal law and the rule of judicial.then,by using the method of semantic differential,the article analyzes the definition of "trial centered" lawsuit system from the perspective of the distribution of judicial functions and powers,puts forward an idea that the court plays a leading role in ascertaining the facts and applying the law.then,the article points out that the "trial centered" lawsuit system reform faces a lot of problems: the localization and administration of justice?the captivity of backward ideas etc.And then,puts forward some measures: reform of the court's performance appraisal system?the limited judicial writ?cultivating a sense of trial as a center?perfecting the evidence system etc.It is hoped that this will establish the "trial centered" litigation system,optimize the allocation of judicial functions,promote judicial reform and promote the construction of the rule of law.