The Reform Of Criminal Litigation System Centered On Judgment

In recent years,cases of injustice was being multi-exposure.In reality,the judicial operation mode centered on investigation of the "Assembly line litigation structure","Center on record of transcriptsfile","Trial formalization" was once again questioned.The nature of centering on judgment is reasonable provision as a kind of dispute settlement mechanism.The decision of Central Committee of the CPC about Promoting the Rule by Law and Other Significant Problems has put forward that the reform of litigation system centered on judgment should be advanced.This idea will play a major guiding role in future trials work.Reform of China's criminal litigation system should to promote the centered on judgment,to achieve substantive trial,and to ensure that the focus of the first instance.This article will proceed from the theoretical basis of the trial-centered.Elaborating the realistic dilemma faced by the trial-centered doctrine in our country,and analyze it.At last,put forward the approach and method of promoting trial-centered.This paper will be described from the following four parts:Part one: The theoretical basis of the trial-centered.The part one is the concept,content,nature,characteristics of the trial-centered.Then,use the method of comparison to elaborate: generation,development process and different concepts.Finally,combling the relevant principles of the trial-centered.And the changes and theoretical basis in the legal modification of the trial-centered.The second part: The comparative analysis of the trial-centered doctrine.Mainly use the comparative method to highlight the specific changes of trialcentered doctrine.To compare the differences of theoretical and practical,comparative object mainly is the comparison of China and outside.Our criminal procedure law and judicial interpretation in the different period about this theory.And as well as other countries.First of all,compare the efforts and achievements of our country and other countries in the same field,like system,theory,norms and so on,take its essence,go to its dregs;Secondly,Compare the changes of criminal procedure law in different periods.Including the law content changes,the problems existing in the judicial practice and the case data comparison.Finally,through the analysis of the above theories,systems and practices,we understand the reasons of the plight of the trial-centered,and evaluate it and make suggestions.The third part: The realistic dilemma of promote the trial-centered.I will discuss the following aspects: trial "centrifugal",first instance "weightlessness",lack of the oncept,"Center on record of transcriptsfile","centered on investigation" ?the witness testimony is too low,the "Assembly line litigation structure",weak trial,ect.Lay the foundation for the solution to the problem.The fourth part: Promote the path and method of the trial-centered.First of all,in the horizontal direction,we should strengthen the substantive trial,curb the adverse effects of the record transfer system,to avoid the trial as a "deep processing" of the investigation and prosecution,and to avoid a mere formality of the court trial.Secondly,in the In the vertical direction,we should to achieve the focus of the first instance,at the same time,adjust the function of different trial structure,clear the authority status of the trial.Third,we need to protect the defendant's rights.Embodies the guarantee of pledge right of the defendant,the defense lawyer guaranteed and other related rights,and perfect the legal aid system.Simultaneously,we should improve the witness testimony system,and increase the protection of the witness,in order to improve the rate of criminal witness appearing in court.Finally,deepen the spirit of the meeting,promote the trial-centered actively.I believe that we can achieve the justice.