Research On The Substantiation Of China's Criminal Trial

The substantiation of criminal trial is an important foothold in the reform of the trial mode in our country.It is also the basic requirement of the "trial-centered" litigation system reform.Its core lies in the accurate determination of the defendant's criminal responsibility through the trial.However,there are many problems in the judicial practice of our country,such as unreasonable litigation structure,unequal legal status of the two sides in the trial stage,the unclear role of the judge,the principle of direct speech and the imperfect procedure of evidence,and the criminal trial procedure Formalized.To the end,in order to achieve the substantive trial,we must start from the various aspects of criminal trial,focus on the construction of the trial as the center of the referee mechanism to achieve equal defense of the prosecution and defense,to give full protection of the defendant 's right,to strengthen the trial in the evidence,cross-examination,certification links,with a view to the cause of the trial can be eliminated,in order to achieve the substantive trial.This paper is divided into four parts.the first part discusses the summary of the criminal trial,mainly in the real background of the criminal trial,the value of the objectives and functions and other aspects of analysis.This paper argues that the materialization of the criminal trial is the result of the formal reflection of the trial,gradually strengthen the concept of the trial center,and the inevitable requirement of the reform of the criminal trial.The value of criminal trial is to achieve the justice,establish judicial authority and credibility,protection of human rights.At the same time substantive trial also has accurate identify the facts of the case,the appropriate application of law and to prevent miscarriages of justice function.The second part deals with the substantive standard of trial,this article discusses the perspective of the principle of trial,the court should follow the principles of public hearing,direct speech,argumentation and cross-examination;from the point of view of the application of the evidence,the trial should according to the principle of equality and judges neutral judge,and insist on full proof,full cross-examination and timely certification.Only to grasp the substantive trial of the standard,then can we solve the problem of targeted trial.The third part analyzes the dilemma of the trial substantive in our country.there are many places in the trial does not match the substantive trial.This includes the unequal status of the prosecution and defense,the unclear position of the judge,The formal problems in the process of trial and the problems in the use of evidence is the cause of criminal trial through the motions.Only when these problems are deeply researched,can we find the root of the obstruction of the trial substantiation,improve the trial activities better,the substance of the trial will come true.In the last part,the author puts forward the way to realize the problem of obstructing the substantive realization of trial.First of all,it should control the prosecution's authority,Protect the defendant's and lawyers' right;Second,the judge should protect the neutrality and independence,establish judges authority;We should improve the system of witness testimony,strengthen the evidence in the trial,cross-examination,certification system,improve the file transfer system,Promote the reform of administrative examination and approval system,can we make the trial process more prominent.