Trial Centered Reform Of Litigation System Prominent Problem Research

Since the enactment of the criminal procedure law of China in 1979, it has been revised in 1996 and 2012, and has been continuously improved. However, it should be noted that the current criminal justice system has failed to follow the "trial centered"requirements, has encountered a bottleneck. It is this bottleneck that not only makes it difficult to push forward the further improvement of the legal system of criminal procedure, but also has some modifications and improvements in the criminal procedure law. In view of this, the party’s the fourth Plenary Session of the 18th CPC Central Committee put forward the "trial centered" litigation system reform". This reform is a systematic project, will have a profound impact on the three public security organs.Therefore, the judicial organs should actively adapt and actively act in the aspects of ideology, norm consciousness and behavior pattern so as to effectively promote the reform of trial system centered on the trial.In China’s criminal trial practice,it has been seriously affected by the investigation and the filing principle for a long time, and the trial has become a formality. In the criminal proceedings, the three organs of public, inspection and law are responsible for investigation, prosecution and trial respectively. The division of labor is clear and the cooperation is unified,and the common goal is to guarantee the quality of the case and to stop the enemy misjudged case. In the investigation as the center of the practice in the investigation, living in the center of the case facts and evidence plays a key role,compared to the fact that in the process of trial on the weak, or even just "seal" the role of prosecution and trial is often recognized and endorsed the investigation. The power of our public security organs is enormous in the whole world. The public security organs bear more than 90% of the power of investigation in criminal cases is the first procedure for the majority of criminal cases,the investigation power is restricted by the exercise of power is less, sometimes go to town, although these years have changed, but still no fundamental change. The criminal justice system of our country determines the public security fixed assembly line mode, in order to make the criminal justice completely solved still needs a long time. The reform of criminal procedure in the trial as the center is to pursue the correct practice of criminal litigation in our country for a long time in the investigation as the center of the "investigation center", is on the transformation on the files as the center of the "file centralism", further straighten out the relationship between the investigation,prosecution and trial organs, put forward a new challenge for the future of the judicial work. Based on this, the author combined with judicial practice, analysis again on the trial centered criminal procedure system reform problems, explore the reform should be the key link of attention, put forward the construction of the criminal investigation, prosecution and trial, the relationship model, so as to promote the reform of litigation system help.In addition to the introduction and conclusion, the text consists of three parts. The first part briefly expounds the meaning of the trial centered litigation system reform.Emphasizing the "trial as the center" is the center of the criminal procedure, the trial as the center of the trial procedure, and the first trial as the central meaning of the three aspects of the proceedings to elaborate. The second part analyzes the main problemsfacing the trial system centered on the trial. In practice, there are three main problems,namely, out of control of investigation, failure of control and imbalance between prosecution and defense. The third part focuses on the trial as the center of the reform of the litigation system. We must first understand the relationship between the public prosecutor, the three departments responsible for co-ordination, mutual restraint, through optimizing the allocation of judicial authority, the reform of the relationship between the authorities, from "the pipe section" to "judicial control" changes, a transition from"investigation center" to "the trial center" establishing and highlighting the trial center.Secondly, it is necessary to implement the system of "no doubt" and "the principle of evidentiary adjudication" and "witness appearing in court" so as to overcome the formalization of the trial and realize the substantive trial. The relationship between end to re adjust the three organs in criminal proceedings,one is to construct a new accusation and investigation, two is constructing a new type of relationship between prosecution and trial, the three is to construct a new investigation trial relationship, especially in the investigation of relationship can be considered to introduce the judicial review system and judges prejudge exclusion.