The Way Of Making Trial Substantive

"Trial Central Principle" is the requirement which is proposed in the party's the fourth Plenary Session of the 18th CPC Central Committee in the light of judicial reform "Trial Central Principle" adheres to the principle that the trial should play a decisive role in criminal proceedings.And we should hold the idea that for the defendant's conviction and sentencing issues should be resolved during the trial and the investigation,prosecution and other pre-trial procedures should meet the requirements of the trial.Facing with the relationship between three organs of public security and the status that public security kidnapped the court's judicial,we put forward the idea that trial central principle.The substance of the trial is the requirement of the trial center doctrine.Influenced by the principle of investigation,the judges who make the identification of the facts of the case are mainly by the procuratorial organs transferring files and notes in a lot of judicial trials.For many cases,the judges make judgments not according to their own conviction,but through the supervisor of the president.Whether filesrecord centralism or administrative approval mode do not have the construction of an isosceles triangle,which violates the judicial rules and undermines procedure and evidence rules that a fair trial should have.So it is important to make trial substantive in order to improve the judicial management system and judicial power operation mechanism.In view of the current serious problems of virtual trial,the root cause is the formalization of the process of court trial and the principle of evidence judgment has not been carried out.Influenced by the central doctrine of the case record,most of the judges rely on the formation of reading files out of court not according to the trial process.This is manifested in the following aspects:First of all,the judges do not strictly control evidence capability.During the judge,the rule of illegal evidence exclusion is formalized.In the trial,the judges don't censor legitimacy of the testimony of witnesses and the identification of the opinions which has caused that view that conforms to experience and logic could not established in our country.Then,proof process of trials is externalism.The witnesses and the expert witnesses not appearing in court has become the norm in the judicial practice of our country.Under the background,the defense is unable to conduct a cross-examination.Finally,the non-examination of the ability of evidence and the deficiency of the process of proof make proof standard of the criminal procedure law in our country that the facts of the case are clear,the evidence is sufficient and the reasonable doubt is excluded is unable to come true.The judges don't dare to make the judgments according to in dubio pro reo.In order to carry out the evidence referee principle and realize the substantial of the trial,the following aspects should be improved:First,we should standardize evidence ability and proof capability and improve the rules of evidence system.In the process of legislation in our country,legislators emphasis on proof capability and pay less attention to evidence ability.During the implement of illegal evidence exclusion rules,there have been many problems in our country which causes witness testimony can smoothly enter the court.So,review of the legitimacy of the evidence shall be strengthened,and witness should appear in court.Facing with the problem that mentioned above,evidence ability of the witness testimony should be limited.The construction of the court should be three referees isosceles triangle.Lacking of any side,the trial is not completed.Defendants couldn't confronted with prosecution authorities equally.So the role of the defense lawyer is even more important.And we should strengthen the defense of legal aid.The judges make the decision based on the suggestion of both sides.Then,the important reason of the court trial is the virtual process of the proof.Through strengthen the investigation process of the court,prosecution and defense could fully debate about evidence ability and proof capability to make sure the judge's conviction is formed in the court's confirmation of the facts and evidence not through the reading activity.Finally,judicial personnel should strictly grasp the standard of proof and exclude reasonable doubt.In the Criminal Procedure Law that is passed in 2012,the legislators have introduced the expression "exclusion of reasonable doubt" to our standard of proof.Judicial officers should not only be satisfied with the overlapping of evidence but also form conviction in time.When there is reasonable doubt that cannot be ruled out,judges should adhere to the principle of in dubio pro reo.The defendant shall be pronounced innocent accordingly to achieve the function of the trial to prevent miscarriage of justice and protect the innocent.