Research On The Principle Of Direct And Verbal Trial In Criminal Procedure

The principle of direct and verbal trial consists the directness principle and the verbalism principle,which means that the judge hear the case personally and listen to the statements and debates of the parties,witnesses and other litigants.And on this basis to form inner conviction and make a judgement.The principle of direct and verbal trial conforms to the law of development in the criminal trial of the modern world countries.And it satisfies the value of fairness and justice,and protect the human rights.And it plays a great role in the entity justice,procedure justice and the power restriction.In the process of the reform of judgment centralism in our country,the principle of direct and verbal trial has been paid increasing attention and support.The establishment and implementation of the principle of direct and verbal trial in our country is an important measure to promote the substantive trial,and it is the inevitable requirement of realizing the reform of judgment centralism.Although our country has already borrowed the relevant ideas in the practice of legislation and judicature,we have not been able to establish the principle of direct and verbal trial,and it have not been thoroughly implemented in practice.So,the call for establishing and carrying out the principle of direct and verbal trial is getting more approval in the reform of judgement centralism.And the case record centralism in criminal trial of China is a serious violation of the principle of direct and verbal trial.And it hinder the operation of the principle of direct and verbal trial in our country.Centered on the files and notes in the trial is typical types of trial of written and indirect trial.The files and notes are overused and trusted,blurs the trial in court,and it is not conducive to identify the facts of the case,even cause injustices.Hubei She Xianglin's case,the judge according to the files and notes to ascertain the facts and make a guilty judgment.She Xianglin carry the charge of murder to prison.After eleven years,the truth appeared in the world,finally he got the lasted justice.So we have to look again at the judicial system of China,and draw profound lessons from the injustices,we must face up to this serious problem in criminal trial.This thesis is divided into four parts: the first part is the introduction.It raised the situation that the case record centralism obstruct the establishment and implementation of the principle of direct and verbal trial in the reform of judgement centralism in ourcountry,and it present the relevant literature shows that the study of the principle of direct and verbal trial is still necessary,pointing out the main content and methods of this research.The second part is an overview of the principle of direct and verbal trial.Through the analysis of its meaning,value,formation and development and other related content,to knowledge the principle of direct and verbal trial deeply,and show the importance and necessity in the reform of judgement centralism.The third part is something the case record centralism and the principle of direct and verbal trial.It expounds the related contents of the case,including its concept,manifestation,malpractice and cause,and point out the relationship with the principle of direct and verbal trial.The case record centralism is a violation and obstruction of the principle of direct and verbal trial and the principle of direct and verbal trial is an effective way to solve the problem of the case record centralism.The fourth part is the establishment of the principle of direct and verbal trial in our country.Not only confirm the principle of direct and verbal trial in legislation,but also through the establishment and improvement of the relevant system to ensure its implementation in practice.Including regulate litigation status of the files and notes,perfect the system of the witness appearing in court,reform the system of judicial committee,and establish the principle of centralized trial.It is hoped that the principle of direct and verbal trial can be established and implemented in our country through the study,and give full play to its role in order to overcome the shortcomings of the case record centralism,so as to promote the reform of judgement centralism in our country.