On The Reform Of Trial Centered Lawsuit System: Connotation,Goal And Realization Path

Trial centered lawsuit system reform is an important judicial measure combined by modern criminal judicial rationality concepts and criminal juridical practice of China and its core value is reflected in the domain of criminal proceedings.In the first part of this thesis,based on the essential connotation of trial centered lawsuit system reform,the theoretical connotation and practical implication of trial centered lawsuit system reform are expounded;trial centricity is the criminal procedure idea of modern legal states,which requires that trial should play a decisive role in the overall criminal procedure and a substantial function in case investigation and fact finding and the criminal responsibility of defendant should be determined after trial in due procedure;the evolution of juridical practice from investigation centered to trial centered is analyzed and the distinction between trial-centered theory and lawsuit stage theory is expounded so as to make clear the validity and necessity of trial centered lawsuit reform;it is summarized that the basic requirement of trial centered lawsuit system reform is to set up the core status of trial in criminal procedure and propel the trial substantiation.In the middle part of this thesis,after studying and judging the essential connotation and basic requirements of trial centered lawsuit system reform,the practical significance of trial centered lawsuit system reform is expounded;first,exercising of investigation power,procuratorial power and judicial power should be regulated to restrict public power;second,the realization of litigation right should be guaranteed to respect and guarantee private right;third,the procedural justice and substantive justice of case should be impelled and the impartial trial of case should be the core objective of criminal procedure;fourth,judicial authority should be preserved and the level of government by law should be promoted,which is the value of trial centered lawsuit system reform for promoting the development level of government by law and also the macroscopical and profound significance of trial centered lawsuit system reform;the practical significance of these four aspects have provided theoretical and practical impetus for the in-depth study on trial centered lawsuit system reform.In the final part of this thesis,the realization route of trial centered lawsuit system reform is expounded in detail;first,reform the concept of criminal justice;second,litigation reform of pretrial procedure should be applied,judicial warrant system should be used comprehensively,prosecutorial supervision should be strengthened,rights of criminal suspect and defendant should be guaranteed and mechanism of judicial remedies should be improved so that pretrial procedure can be supervised and guided by judicial power preferably;third,trial substantiation should be advanced;court hearing is the closest part combined by substantive justice and procedural justice;in criminal procedure,evidence should be irrefutable and sufficient without reasonable doubt and the legality of evidence on acquisition,fixation and preservation procedure as well as the objectivity and relevance of entity should be completed by testification and testimony examination in court hearing;based on the juridical practice of China and beneficial experiences abroad,complete dossier delivery system should be reformed,discovery system should be built,pretrial conference system should be improved and direct and word principle should be implemented,which has become the key point for promoting trial substantiation;fourth,principle of evidentiary adjudication should be established and applied strictly;the core point is to strictly observe exclusionary rule of illegal evidence and implement principle of assuming disputed crimes innocence,exclude the fruits of poisonous tree from evidence chain of conviction and sentencing and strictly execute the criminal justice idea of assuming disputed crimes innocence for cases without irrefutable and sufficient evidence and elimination of reasonable doubt.Trial centered lawsuit system reform is a systematic and complex transformation and molding of criminal judicial idea and system and also optimal configuration and non-zero-sum game of judicial resource and judicial power;thorough realization of its reform concept is a long judicial development process and profound theoretical discussion and practically constructive response are needed for criminal judicial idea renovation and system reconstruction and improvement on realization route.The trial centered lawsuit system reform confirms to the development law of criminal justice,which can contribute to the fair and just trial of criminal cases,promote the elevation of the level of government by law and advance the improvement of legal spiritual civilization and guarantee of human rights.