Font Size: a A A

Some Problems In The Process Of Substantive Trial

Posted on:2019-02-27Degree:MasterType:Thesis
Country:ChinaCandidate:L G LiuFull Text:PDF
GTID:2416330545973066Subject:Procedural Law
Abstract/Summary:
The essence of the criminal court trial is the basic requirement of "the reform of the litigation system centered on the trial".The core of the criminal trial is as follows:the evidence,the quality of evidence and the opinion of the debate on the possibility of determining the conviction and sentencing of the defendant in court will be presented and confirmed as the basis for the referee.However,in the judicial practice,the evidence is subject to the investigation,the case file transfer leads to the judge’s formation,the pretrial conference is not programmed,the court trial is formalized and so on.To a certain extent,it restricts and affects the court trial function,resulting in the false court trial.In the background of promoting the reform of the criminal procedure system,it will eliminate the drawbacks of the investigative center,standardize the front meeting of the court,strengthen the antagonism of the court trial,ensure the facts of the case referees formed in the trial,and promote the substantive trial on the system level.This paper consists of three parts: introduction,text and epilogue.The main contents of the text are as follows: the first part elaborates the relevant concepts of court hearing,and promotes the background and significance of court examination substantiification.In the second part,we discuss and analyze the deep-rooted judicial ideas of the investigative center,the low rate of witness appearing in court,the transfer of files and the front meeting of the court.In the third part,we put forward some solutions from the aspects of setting up the concept of the court,strengthening the antagonism between the two parties,the implementation of the referee in the court,and the operation of the standard trial mechanism.
Keywords/Search Tags:Taking trial as the center, substantive trial, case trial, evidence judgement
Related items