Criminal Defendants' Research On Pledge Rights From The Perspective Of Substantive Substantive Examination

The criminal defendant's right of confrontation has been playing an increasingly important role in the criminal proceedings of contemporary countries. Although the there are many differences between common law and civil law,the two legal systems both agree and approve the right of confrontation. However, the right of confrontation haven't been truly established in China. Now the protection of human rights has been added into the constitution and China is working on the trial-centered criminal procedure reform. With this background, to strengthen the protection of basic rights of criminal defendants has become one of the important aspects of the reform. The criminal defendant's right of confrontation is an indispensable part of the basic rights.This paper is divided into four parts.In the first part, the accused in a criminal action combed basic theory of to the confrontation right of the criminal defendant, not only need understand the definition of confrontation right but know the nature and specific contents of confrontation right.Otherwise, it needs fully understand to its connotation in the history process of confrontation right development and then extract the present situation of modern confrontation right system.The second part firstly analyzed substantive trial, cleared revolution relationship between substantive trial and "trial centralism". Substantive trial is the basic characteristic of "trial centralism" reform,which require whatever conviction or sentencing, it should finished by substantive trial. Meanwhile make sure that the establishment of confrontation right system has great significance to the realization of substantive trial.The third part is the contents and stated reason to relevant confrontation right with objectively comment in current stipulations of law, such as appear in court of witness is low, at the present stage, the trial is formal and so on, the analysis to this part is lay a basis for next proposed practical method.The forth part is the practical method to established confrontation right. Firstly it should make reform from the terms of legal provisions and people's concept,this is the first of the Great Wall. Then search criminal defense system, find out shortcoming and propose practical and improved measures.The article's final purpose is in order to promote the establishment of the criminal defendant's confrontation right system in our country, make its right using become more valuable, not just an item in the process of trial. At the same time, it is hoped that the establishment of the confrontation right system can promote the transformation of the current "investigative centralism" to the "trial centralism" in China.