The Principle Of Direct And Verbal Trial In The View Of Tribunal Judicial Centralism

The main content of today's criminal justice reform is the reform of tribunal judicial centralism.Realizing the substantive nature of court trials is an inevitable requirement of the tribunal judicial centralism.The implementation of direct and verbal trial principle is crucial to the reform of tribunal judicial centralism,and advancing the reform of tribunal judicial centralism is an important task of our society ruled by law nowadays.In response to the concept of constant pursuit of justice in criminal trials,we have gradually established and continuously implemented and expanded the direct and verbal trial principle of criminal trial systems in various countries,reflecting the political and judicial requirements of human anti-feudalism.The principle of direct trial and the principle of verbal trial have different requirements for criminal trial procedures,but the combination of the two principles paves the way for the development of the overall direct and verbal trial principle.In the criminal trial system,the full implementation of the direct and verbal trial principle will also make the trial of criminal cases more reasonable and fair,and it will help safeguard human rights as well.The lack of direct and verbal trial principle in China's criminal trial system has seriously hampered the development of criminal trial procedures,making it difficult to adapt to the new situation of the international society's criminal procedure system.Therefore,it is necessary to implement the direct and verbal trial principle and other reasonable rules of evidence to realize the litigation value of substantive justice,procedural justice and litigation efficiency,and most importantly,to effectively achieve the goal of criminal justice and provide judicial protection that is beneficial to the litigant.In order to establish a complete trial system,China's criminal trial at this stage needs to be reformed to provide a broad space and a solid foundation for improving the principle of direct and verbal trial.The article mainly investigates the connotation of the direct and verbal trial principle and its litigation value,conducts an extraterritorial investigation of the direct and verbal trial principle in both the civil law system and the Anglo American law system,and analyzes the situation of its application in our criminal trial procedures.Finally,from the perspective of court trial centralism,suggestions were made for the establishment of the direct and verbal trial principle.Theconstruction and deployment of appropriate criminal trial systems takes the form of China's adversarial criminal trial,which enables Chinese courts at all levels to have evidence in criminal trials,achieve separation of control and trial,guarantee the witness' s appearance rate,and reverse the concept of favoring substantive laws over procedural laws to realize the fairness of criminal trials.