A Trial-centered Study Of The Substantive Nature Of Criminal Trials

In the the fourth Plenary Session of the 18 th CPC Central Committee resolution,we can see that "trial centered" has become an important requirement for the reform of China's litigation system,and the essence of criminal trial is a basic requirement of this system reform.In this paper,the essence of the problem of criminal trial from the four aspects of study,the first chapter through discussing the basic theory of the trial as the center of the substantial criminal trial of the kernel is through the court finds the facts of the case and on the basis of the conviction and sentencing,the judge of all the facts of the case and the cognitive evidence should be derived from the trial process.Through the discussion of the two theories,the relationship between the two is clear.The essence of court trial is the important content and the foothold of the reform of litigation system centered on trial.The second chapter mainly discusses the pattern and generality of the extraterritorial trial.In the horizontal criminal procedure structure,Anglo American law system belongs to the adversary system,that is,the antagonistic litigation structure.It highlights the antagonism between the two parties.In the continental law system,the power of the inquisition and the constructive action of the interrogation form highlight the positive role of the judge.Although the two main legal systems are different in horizontal criminal procedure structure,the role of trial is emphasized in the longitudinal litigation structure,and the judicial adjudication is at the core of the whole criminal procedure.The third chapter mainly analyzes the status of the court trial in China after the amendment of the criminal procedure law in 2012.The criminal procedure law in 2012 established the witness and testimony of the system can ensure the referee direct contact testimony and expert opinion of the most primitive,contribute to a thorough review of the facts of the crime,and determine the pretrial conference system,determine the systemhelps to solve the most in the pretrial procedure controversial issues.But for now,the main problems of court trial have not been solved,because the conditions for witnesses and appraisers to testify in court are harsh.The return of pretrial dossiers transfers the principle of direct and verbal trial in a false way,which results in the lack of trial.The fourth chapter mainly discusses the direction of the substantive construction of the trial.On the basis of reference to the relevant systems and principles of the two major legal systems,the possibility and problems of its application in China are discussed based on the reality of our country,and finally,the feasible direction for the substantive construction of the court is put forward.The specific include: first,the pre court meetings are strictly limited,the separation of personnel and the establishment of evidence system to further improve the system before the court.The two is built through a simplified case dossier system separation reform.The three is to establish the principle of direct and verbal trial through the perfection of witness appearing in court system,the establishment of compulsory court testimony system and the further clarifying of evidence rules in court.