A Study On The Procedure Of Proof In The Background Of Substantive Criminal Trial

The substantive trial is the core requirement of the "trial-centered" litigation reform proposed by the Third Plenary Session of the 14 th Central Committee.At present,there is a phenomenon of criminal trial in our country,and the majority of the trial process is on the surface.Mostly in the prosecution proceedings in the formation of written evidence.To achieve the substantive trial of criminal trial,which is the core of the reform measures is to prove the prosecution procedures,so that the entire trial activities around the key evidence to achieve only in the trial after the evidence can be convicted of conviction and sentencing basis.Therefore,the purpose of this paper is to explore the reform of the provocative procedure,from the macroscopic procedure to the micro-trial to carry out the details,to prove the quality of the evidence as the goal.The first chapter introduces the introduction of the whole thesis.Including the background and significance of the research,the literature review of the main issues involved in the paper and the research content,ideas and innovation of the paper.The second chapter discusses the basic connotation and the litigation value of the substantive trial of the criminal trial.In the basic connotation,the author defines it according to the angle of proof and evidence,and applies it to the construction of the later procedure with the meaning of redefining Theoretical issues,combined with the status quo of China's criminal trial,to explain the basic requirements of criminal trial substantive.The third chapter studies the current proving procedure of proof in our country.In this chapter,the proof is described separately The status of the legislation and the status of the procedural and cross-examination procedures,and analyzes the causes of the problems in the procedure of proof and evidence in the relationship between the concept,the system and the prosecution and defense.The forth chapter is the main part of the paper,that is,the reconstruction of the provocative procedure.First of all,in principle,we should carry out the direct speech principle,mainly in the witness testimony and lawyers to effectively defend the two aspects;in the litigation technology,learn the cross-examination system,a reasonable application in China Direct inquiry and cross ask.Secondly,according to the order of the evidence in the trial,we break the present situation of the order of the eight kinds of evidence as the standard,and reconstruct the proof order in the combination of the four elements of the crime which are universally applicable in practice.Independent style "sentencing model,and points out its problems and constructs the" completely independent "sentencing mode of the trial.Finally,the author puts forward some suggestions on the function and system of the auxiliary program.