The Ascertainment Of The Fact Of Cases Under The Trail Substantiation

Based on trial,trial substantive is the important content of the reform of trial-centered litigation system.The trail is the center and focus of criminal procedure.The ascertainment of the fact of cases plays an important role in the trail,even related to the justice of judgement.However,a serise of problems among the ascertainment of the fact of cases.The trail function is ignored,which lead to fake judgment.Under the trial substantive,we must improve procedures and rules of ascertainment of the fact of cases,fulfill the relevant supporting system and promote the trail functions.In addtion,prosecution evidence,facts of cases,debate views and reason of judgement are shown at court.Olny in this way,will the trial substantive come true and each case be trusted fairly.In addition to the introduction and conclusion,the paper consists of three parts.The first part introduction the basic theory about a study of the ascertainment of the fact of cases and the trail substantiation.Firstly,the paper states the concept and characteristics of trial substantive under the reform of trial-centered litigation system.Secondly,the ascertainment of the fact of cases plays an important role in the trail,we should sort out the concept of the facts of the case and the ascertainment of the fact of cases.Therefore we can grasp the role of the ascertainment of the fact of cases in the trial.Finlly,From both horizontal and vertical dimensions,the paper states the manifestation of the ascertainment of the fact of cases under different litigation modes.We take advantage of it and regulate the ascertainment of the fact of cases,which can open the view for the following.The second part analyses the problem of the ascertainment of the fact of cases on the court in china.At this time,there are many problems on the the ascertainment of the fact of cases in criminal proceedings.For intense,the ascertainment of the fact of cases are formalized;The trail plays attention to crime,ignores measurement of penalty;There are leaks on the ascertainment of the fact of cases.The third part will discuss the approaches to the ascertainment of the fact of cases under the trail substantiation.Based on the second paper,we think must improve the rules of the case and the relevant supporting system,make the trials efficiently.Relative measures of improvement are listed in the following aspects:Firstly,the authentication at court must be placed at first placed,whereas the delayed-action court comfirmtion second.The rule of the ascertainment of the fact of cases should be improved under evidential adjudication.Besides,it is quite significant to form the procedures of the ascertainment of the fact of cases.In addtion,fulfilling the contents of fact of cases must not be ignored,which emphasize the equal important place between conviction and imposing penalty.Morever,the priciple of oral trail should be followed by trails.Finally,strengthening the training of judges' professional ability should be paid attention.The judge make decision and is responsible for it.Hope those measures mentioned above in a certain extent could raise the accuracy of the ascertainment of the fact of cases,in order to make it possible to achieve the procedural justice and substantive justice.