Research On The Principles Of Direct Speech In Criminal Proceedings In China

The principle of direct verbal principle includes the principle of direct and verbal.Principle is defined in the criminal procedure,the judge directly in court for contact with the public prosecutor and the defendant and counsel,and shall appear in court to the other participants in the proceedings,directly examine the facts of the case,the direct mining permit,direct the choice of law,directly through the scene of the trial,the formation of evaluation of evidence.Words refers to the principle in criminal litigation,the court heard case and verify evidence should be launched in a way of words,except otherwise provided by law,evidence in court is not the way words put forward and verification shall judgement in the case as the basis."But they have different priorities.The direct principle emphasizes the direct trial and the direct production of the court,and the principle of words emphasizes that the trial and the collection of the trial should be carried out in a verbal manner." The principle of direct principle and the principle of verbal and verbal principle are mutual penetration,mutual integration,direct principle is the basis of the principle of words." The principle of direct verbal trial is beneficial to the substantive and procedural justice of the court and to improve the efficiency of litigation.At present,our country has not established the principle of direct and verbal.But some of the legal provisions in the criminal procedure law of our country embody the basic connotation of the principle of direct speech.In the criminal procedure law,the principle of direct verbal trial is mainly embodied in the Criminal Procedure Law: first,the first instance must be heard in court,the criminal case of second instance shall be held in court,and the written trial is an exception.Second,requires the public prosecutor for all public prosecution cases must appear in court to support the proceedings.Third,the witnesses,the investigators to testify in court,both parties accept the inquiry and the judges asked.But the principle of direct speech in the "Criminal Procedure Law" is the embodiment of the local,this part of the embodiment of the whole compared to the whole criminal procedure law system is far from enough.Its implementation efforts in the criminal procedure is not enough,there are also contrary to the principle of direct and verbal trial,the most prominent performance in "the principle of the detection center of gravity" in the court dummy,witnesses and investigators appear low and examination committee will indirect trial cases of second instance or not hearing.In view of the current judicial system reform,we should carry out the principle of direct and verbal.First,must be in "Criminal Procedure Law" in China to establish the principle of direct and verbal.Second,to promote the trial of the center of the litigation system reform.The party's Fourth Plenary Session of the eighth through the "CPC Central Committee on promoting the rule of law as a certain major issue decision" clearly pointed out: "to promote to trial for center of the litigation system reform and ensure the investigation and prosecution of the facts of the case evidence to withstand legal inspection." With deepening of a new round of reform of the judicial system,continue to strengthen the importance of the trial,essence of the trial of the concept has been rich,of direct and verbal trial more useful way to find out the facts of the case,identified evidence of legal effect,for both the prosecution and the defense equal adversary and defender depth intervention in the case of trial.Third,reform the way of proof and improve the rate of witness appearing in court.The principle of direct and verbal trial requires trial,the exclusion of the public prosecutor read the written testimony of witnesses in place of witnesses to testify in court,witnesses to testify and accept the question.While improving the witness,investigators appear proportion of the respondent,and constantly improve the quality of the trial,abandon judges over reliance on files and notes written trial in accordance with the connotation of the principle of direct and verbal trial.Fourth,restrictions and even the abolition of the trial committee to decide the case,to prevent excessive participation of the trial committee in the case of trial contrary to the basic requirements of the principle of direct trial integration.Fifth,strictly limit the trial of the second instance is not the case,the trial of second instance in order to implement the mode of direct trial.