Legislation Research Of Criminal Evidence Under Trial Centered Theory

18 by the fourth plenary session of the "the central committee of the communist party of China about the decision of the some major problems in promoting the rule of law"(hereinafter referred to as the "decision"),put forward to promote the "trial centered" litigation system reform.But since the "decision" issued,not only the method of inspection system of the connotation of "trial centered" there are major differences,and between academics and practitioners,academics and scholars understanding of "trial centered" also show differences.In promoting "trial centered" in the process of the lawsuit system reform,is very important to the study of the criminal evidence system,the system of criminal evidence related to the understanding and use of direct drive is the core of the court directly affect the "trial centered" lawsuit system reform effect.This article only from the micro level,the trial center Angle of the perfection of the criminal evidence legislation put forward their own Suggestions.First of all,in term of judgment centralism,this paper gives it a theoretical explanation,defines its concept,and elaborates its necessity and practical requirement.Secondly,the paper examines the existing criminal evidence system in China from the perspective of judgment centralism,introduces the current problems of criminal evidence system,analyzes the causes of the problems and uses positive research method to survey the dilemma of the judicial decision caused by the shortage of our criminal evidence.Thirdly,the paper takes the comparative research method to compare the litigant lawsuit mode in common law system with the authority dominant litigation model in civil law system,thus seeking the perfect way of criminal evidence legislation that meets the situation of our country,which is combined with the experience of criminal evidence in China's judicial practices.Finally,this paper,both from the aspect of macro-level path selection and from that of the micro-level legislative proposals,puts forward several suggestions on improving the criminal evidence system in the future from the perspective of judgment centralism,hoping to give my contribution to China's criminal evidence system.