Study On "Trial-centralism" Under The View Of The Law Of Evidence

Trial-centralism was originally rooted in the judicial procedure of church,which derives from Western Christianism culture.And,the formation of it results mainly from the Blood Guilt and Conscience,under which the medieval church jurists developed the standard of——in and out of the court——and thought that judge can only avoid the disaster of hell by judgment relied on in-court proofs,and those proofs out-of-court,no matter how real it is,can never obtain any significance in legal procedure.Under this,the judicial tradition of trial-centralism was born,and hereafter played a significant role in western criminal procedure.Except the introduction and conclusion,the paper consists of four parts:The first part is the summary of Trial-centralism.This part introduced where the expression Trial-centralism comes from,and clarified the scope of its application.The second part is the historical exploration.Beginning with the explanation of the notion Blood Guilt and Conscience,this part analyzed the theological origin of the Trial-centralism——the standard of in and out of the court,and studied the application of the Trial-centralism in Anglo-American countries.The third part is the advantages and disadvantages of the Trial-centralism.This part mainly analyzed the different forms of the Trial-centralism in practices,which include truth in pre-court and fake in pre-court,and made a further exploration in its operation and results.In the process,this part revealed the disadvantage of the absence of the substantive justice and analyzed its legitimacy in this basis.The fourth part is the analysis of problems and the evaluation of the policies in the practices of the Trial-centralism reform in our country.Focused on the violation of the Trial-centralism in the current criminal procedure,this part summarized the problems and criticized the current policies in the reform.