Research On The Question Of Probation Of Criminal Trials In The Perspective Of The Trial Center

The reform of the litigation system at the center of the 18 th CPC central committee has deeply influenced the current criminal court system.As the key link in the trial,the quality certificate is an important part of the reform.Current cross-examined cross-examination procedure in China the biggest problem is formalized in a trial through the motions,the admissibility of evidence insufficient basis and criminal judgment reasoning,weak protection of defendants' rights and wrongs breeding and so on.Based on the theory and practice,this paper makes a comprehensive exposition of the issue of the criminal trial.Through sorting out and analyzing the literature currently researching criminal trial approval,the author finds that the research on cross-examination in China's academic circles has gone from shallow to deep,but the vast majority are only mentioned in the analysis of evidence,and cross-examination is one of the chapters in evidence.In the festival,there is very little research on the quality of cross-examination,and when it comes to cross-examination skills,it is only an explanation of the law.Through the study of the judgments of some cases before and after the reform,the author finds that these changes have taken place in the trial-centered reforms: the criminal trials have increasingly emphasized the trial of courts,and they have increasingly emphasized procedural fairness and have increasingly emphasized the defendants.Protection of human rights.Like Zeng Aiyun and Chen Huazhang's intentional homicide case,after three decades of vicissitudes,from the three death penalty judgements to the release of acquittal judgments,from investigations to trials,witnessed the progress of our country's rule of law.However,there are still some problems in the current criminal tribunals: the evidence of criminal evidence is in the form of evidence,especially the identification of opinions and electronic evidence.Due to the existence of natural trust in these evidences,the cross-examination of these evidences is often only in the form of The application of the hearsay rule is limited,and the inductive inquiry rules are absolutely prohibited.It is difficult for all types of files to flood the courts to ensure the implementation of the direct verbal principle.The subjects,methods,and contents of cross-examination are not clearly defined;cross-examination and evidence collection,evidence,and certification The connection is not enough,evidence collection,evidence is notcomprehensive,certification is not in the court.The author believes that if we really want to play the role of the trial-centered reform of the criminal procedure,we must do the following: first we must strengthen the cross-examination of various kinds of evidence,not only to strengthen the cross-examination of the traditional types of evidence,but also to actively explore modern evidence Types of cross-examination methods in order to respond to the new technological and technological community.For example,the cross-examination method can be used for the cross-examination of the identification opinions.The first phase mainly cross-references common materials and the second phase mainly cross-examines the “expert materials”.Secondly,to improve the rules of criminal trials and cross-examination,the rules of criminal trials in China have become increasingly perfect.However,the application of hearsay and inductive inquiry rules should be regulated to further improve the application of direct and cross-questioning rules.Introduce the connotation of face-to-face cross-examination in the principle of direct verbalization;finally,the connection between cross-examination and evidence collection,certification,and certification can be strengthened by way of dual-track forensic mode and improving the certification rate.