The Principle Of Criminal Evidence Judgment In The Context Of Trial Centralism

In this paper,the author analyzes the causes of the wrong case and analyzes the criminal procedure system of the change of the center of the investigation center to the center of the trial.Revealing the reality of the application of criminal evidence in China,compared with the reality of the modern rule of law,and put forward some suggestions on perfecting the principle of criminal evidence.The article is divided into five parts,the first part of the narrative of Chen Man case of death from the guilty of the acquittal to the acquittal and obtain a huge amount of state compensation of the basic case.Judging from the original trial of Chen Man has the time of committing the crime and the evidence collected by the investigating authorities to prove the facts of the case there is a contradiction,the original trial finds that the evidence of the crime is not sufficient,confessed to the authenticity of the transcripts of the three questions expounded Chen Man finally sentenced The reason for innocence.The second part analyzes the causes of Chen Manmo's injustice from the aspects of the criminal procedure system in our country,which is based on the investigation of centralism and the lack of attention to the principle of criminal evidence in the judicial practice,and reveals that China's criminal procedure system Development,led by the investigation center-oriented criminal proceedings to the trial center-oriented criminal proceedings.The third part elaborates the connotation and the requirement of the criminal evidence referee principle.The fourth part,combined with Chen Man case,reflects the insufficiency of the principle of criminal evidence in our country,including the imperfect system of evidence rules,the lack of high-order law,the imbalance of the ability of the investigation organ and the defense lawyer to collect evidence,The deviation of the judicial concept of criminal proceedings,the principle of the evidence to ensure that the system is not perfect and other six aspects.The fifth part puts forward the perfect suggestion of perfecting the rules system of evidence,refining the standard of proof,standardizing the collection,management and preservation procedure of criminal evidence,perfecting the security system,cultivating the judicial idea of evidence and so on.